Dram Shop Act and Civil Liability Flashcards
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Read the first 7 Dram Shop Act and Civil Liability flashcards as text
Under the Texas Dram Shop Act, an alcohol provider can be held civilly liable if they serve alcohol to a person who is:
Answer: Obviously intoxicated to the extent they present a clear danger to themselves and others
The Texas Dram Shop Act (Texas Alcoholic Beverage Code §2.02) establishes liability when a provider serves someone who is obviously intoxicated to the extent they present a clear danger to themselves and others.
The Texas Dram Shop Act is found in which section of Texas law?
Answer: Texas Alcoholic Beverage Code Chapter 2
The Texas Dram Shop Act is codified in Texas Alcoholic Beverage Code Chapter 2 (Sections 2.01–2.03), which governs provider liability for alcohol service.
What is the primary purpose of the Texas Dram Shop Act?
Answer: To hold alcohol providers civilly liable for damages caused by intoxicated patrons they over-served
The Dram Shop Act creates a civil cause of action allowing injured third parties to hold alcohol providers accountable when over-service of alcohol contributes to harm.
Under the Texas Dram Shop Act, who has legal standing to bring a civil lawsuit against an alcohol provider?
Answer: Third parties who are injured as a result of the intoxicated person's actions
The Dram Shop Act allows third parties — such as people injured in accidents caused by an over-served patron — to sue the alcohol provider for damages.
Which of the following alcohol providers can be held liable under the Texas Dram Shop Act?
Answer: Any provider licensed or permitted to sell or serve alcoholic beverages
Any holder of a TABC permit or license — including bars, restaurants, stores, and other establishments — can be held liable under the Dram Shop Act.
What does 'obvious intoxication' mean in the context of the Texas Dram Shop Act?
Answer: Signs of intoxication are apparent and observable by a reasonable person
Obvious intoxication refers to visible, outward signs — such as slurred speech, unsteady gait, or impaired coordination — that a reasonable person could observe without a breathalyzer.
Under the Texas Dram Shop Act, what is the statute of limitations for filing a civil lawsuit?
Answer: 2 years from the date of the incident
Texas law generally provides a two-year statute of limitations for personal injury claims, including those brought under the Dram Shop Act.