While communities and governments around the nation have shifted their focus to distracted driving and its numerous causes, drunk driving remains a major problem. Approximately one-third of Americans will be involved in an […]
A new bill (House Bill 409) has been proposed by Rep. Chris Turner which would require all Texas bars and restaurants that receive more than 50% of their revenue from alcohol sales to obtain liquor liability insurance. This type of insurance covers the bar's portion of liability for those injured by someone who was negligently overserved alcohol by bar employees.
This new bill attempts to prevent certain establishments from taking advantage of a marketplace where they are not required to carry such insurance. While the majority of bars in Texas have general liability insurance, it's estimated that only 33% of bars carry liquor liability insurance. Simple general liability insurance generally does not cover dram shop claims.
As mentioned earlier, a common misconception is that by going after the bar, you're removing blame from the driver. This is completely untrue. The drunk driver is still liable for his portion of the damages. If a bar and/or drunk driver does not have insurance and thus cannot pay its portion due to insolvency, the victim is the one who has to bear the financial burden. Liquor liability laws are already well-established; this bill simply requires that bars act financially responsible when their own negligence leads to someone being hurt or wrongfully killed.
This public policy initiative can also be observed in situations where companies and manufacturers are held strictly liable for abnormally dangerous activities and defective products. The legislature believes that citizens’ lives and health should not be jeopardized through attempts to increase profits - whether that is through over-serving alcohol to a customer, or through the manufacturing of a potentially dangerous product.
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Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.
Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.
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