TABC Dram Shop Act and Civil Liability

Question 1

Under the Texas Dram Shop Act, an alcohol provider can be held civilly liable if they serve alcohol to a person who is:

Accepted Answer

Obviously intoxicated to the extent they present a clear danger to themselves and others

Answer

Under 30 years of age without a valid ID

Answer

Requesting a third drink of the evening

Answer

Accompanied by someone who appears sober

Question 2

The Texas Dram Shop Act is found in which section of Texas law?

Accepted Answer

Texas Alcoholic Beverage Code Chapter 2

Answer

Texas Penal Code Chapter 49

Answer

Texas Health and Safety Code Chapter 161

Answer

Texas Civil Practice and Remedies Code Chapter 33

Question 3

What is the primary purpose of the Texas Dram Shop Act?

Accepted Answer

To hold alcohol providers civilly liable for damages caused by intoxicated patrons they over-served

Answer

To increase tax revenue from alcohol sales

Answer

To establish criminal penalties for drunk driving

Answer

To regulate the hours during which alcohol can be sold

Question 4

Under the Texas Dram Shop Act, who has legal standing to bring a civil lawsuit against an alcohol provider?

Accepted Answer

Third parties who are injured as a result of the intoxicated person's actions

Answer

Only the intoxicated person who was served

Answer

Only the Texas Alcoholic Beverage Commission

Answer

Only law enforcement officers who witnessed the service

Question 5

Which of the following alcohol providers can be held liable under the Texas Dram Shop Act?

Accepted Answer

Any provider licensed or permitted to sell or serve alcoholic beverages

Answer

Only licensed bars and nightclubs

Answer

Only restaurants that serve alcohol with meals

Answer

Only liquor stores and package stores

Question 6

What does 'obvious intoxication' mean in the context of the Texas Dram Shop Act?

Accepted Answer

Signs of intoxication are apparent and observable by a reasonable person

Answer

The person's BAC has been measured above 0.08 by a breathalyzer

Answer

The person has consumed more than four alcoholic drinks

Answer

The person has verbally admitted to being intoxicated

Question 7

Under the Texas Dram Shop Act, what is the statute of limitations for filing a civil lawsuit?

Accepted Answer

2 years from the date of the incident

Answer

6 months from the date of the incident

Answer

1 year from the date of the incident

Answer

4 years from the date of the incident