Question 1

What Is a Dram Shop Claim in Texas?

Accepted Answer

A dram shop claim lets a person injured by an intoxicated patron seek compensation from the licensed establishment that served the alcohol. In Texas, this is governed exclusively by Chapter 2 of the Texas Alcoholic Beverage Code — you cannot sue a provider for over-serving under ordinary negligence.

Question 2

When Can a Bar or Restaurant Be Held Liable?

Accepted Answer

Two things generally must be true at the moment alcohol was served: the patron was "obviously intoxicated to the extent that he presented a clear danger to himself and others," and that intoxication was a proximate cause of the injuries. "Obviously intoxicated" means visible, apparent impairment — not merely a blood alcohol level measured later.

Question 3

Who Counts as a "Provider"?

Accepted Answer

Any business licensed or permitted to sell or serve alcohol — bars, restaurants, clubs, hotels, liquor stores, and similar establishments. Texas generally does not extend dram shop liability to social hosts. One important exception: an adult who knowingly serves alcohol to a minor under 18 can face liability for the resulting harm, without the "obvious intoxication" showing.

Question 4

Has the Law Changed Recently?

Accepted Answer

Yes. In 2025, the Texas Supreme Court's decision in Raoger Corporation v. Myers raised the evidentiary bar for proving a dram shop claim, making the strength of the underlying evidence — witness accounts, receipts, video, and expert analysis — more important than ever. Building that record early is critical.

Question 5

How Long Do I Have to File?

Accepted Answer

Dram shop claims in Texas are generally subject to a two-year deadline from the date of the injury. Evidence at bars and restaurants can disappear quickly, so acting promptly matters.

Question 6

What Areas Does the Firm Serve?

Accepted Answer

The firm is based in Austin and represents clients throughout Texas, primarily in Travis County, Williamson County, and Bastrop County.

Question 7

Why Work With a Board-Certified Attorney?

Accepted Answer

Board certification by the Texas Board of Legal Specialization recognizes attorneys who demonstrate substantial experience in a specific area of law, pass a rigorous examination, and receive peer review.Brent A. Devere is Board Certified in Consumer and Commercial Law, Consumer Bankruptcy Law, Residential Real Estate Law, and Commercial Real Estate Law by the Texas Board of Legal Specialization.Working with a board-certified attorney means your case is handled by a lawyer with proven knowledge, experience, and commitment in their field.

Question 8

How Much Does a Consultation Cost?

Accepted Answer

The initial consultation is free. You can call the Austin office or use the contact form to schedule one, and there is no cost or obligation to discuss your situation.

Question 9

Does the Firm Handle Cases Other Than Those Listed on the Site?

Accepted Answer

Yes. The firm handles most types of litigation. If your matter isn't listed among the practice areas, contact the office to discuss whether the firm can help.

Dram Shop Lawyer in Austin, TX

Frequently asked questions

What Is a Dram Shop Claim in Texas?

When Can a Bar or Restaurant Be Held Liable?

Who Counts as a "Provider"?

Has the Law Changed Recently?

How Long Do I Have to File?

What Areas Does the Firm Serve?

Why Work With a Board-Certified Attorney?

How Much Does a Consultation Cost?

Does the Firm Handle Cases Other Than Those Listed on the Site?

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Attorney Brent A. Devere

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