Wrongful death is when someone causes the death of another person because of his or her negligent actions. Often you will hear about wrongful death in terms of car accidents, specifically drunk driving accidents. People may not only sue the drunk driver in Texas but in some cases where the driver was coming from a bar, they may even try to sue the bar. You may wonder if this is legitimate. Can you sue a bar if a drunk driver kills someone you love?
According to the Texas Restaurant Association, under dram shop laws, you are allowed to sue an establishment but only in specific circumstances. These laws protect a business that serves alcohol from being held responsible for every drunk driving accident by requiring that you show the business served the person when it was clear he or she was already intoxicated and a danger to him or herself and others.
That is very specific because if the bartender did not see the person as being intoxicated to the point of being dangerous, then you do not have a case. So, you would have to prove through witnesses or other methods that it was obvious the person was drunk enough to be harmful and that it was clear this was the case.
If you cannot prove this, then you do not have a case against the establishment. You could, however, still have a case against the drunk driver. This information is for education and is not legal advice.