Alcohol poisoning is a serious and potentially fatal condition in which too much alcohol replaces the oxygen in the blood. It can occur from drinking too much alcohol too quickly. Alcohol poisoning can affect your body temperature, heart rate and breathing. In severe cases, alcohol poisoning can cause coma and death. In Texas, if a bartender or alcohol vendor overserves an obviously intoxicated person too much alcohol, the state’s dram shop law could hold the business responsible for related incidents and injuries, including alcohol poisoning. To learn more, get help from a Dallas dram shop liability attorney.

Is Dram Shop Only Related to Car Accidents?

Texas’ dram shop law, Alcohol Beverage Code Chapter 2, states that an alcohol provider could be liable for damages if it was apparent at the time of providing the alcoholic beverage that the recipient was obviously intoxicated to the point of posing a risk to him/herself or others, and if the intoxication of the recipient was the proximate cause of damages suffered. Although the most common use of the dram shop law is to prove alcohol vendor liability for a drunk driving accident, the statute can apply to many other alcohol-related accidents as well. The law does not specifically name auto accidents as the only incident with recovery available. It simply states that the vendor could be liable for damages suffered.

Does Dram Shop Cover Alcohol Poisoning, Slip and Fall or Wrongful Death?

Dram shop laws exist because those in positions to serve alcohol could effectively prevent drunk driving accidents, assaults and other alcohol-related incidents by cutting off the recipient. Holding alcohol vendors responsible for how much they serve could potentially help prevent overserving patrons, as well as the accidents they cause. The dram shop law in Texas can apply to any damages an intoxicated person causes, including assaulting someone else or causing a drunk driving accident. The intoxicated person, however, cannot use the dram shop law to hold the alcohol vendor liable for his or her own damages.
Although the dram shop law may not apply, a drunken individual could have a case based on negligence against the bar, restaurant or nightclub guilty of overserving him or her. Every establishment has a duty of care, or legal obligation, to reasonably look out for the safety of its patrons. This obligation can come with many specific duties, including a duty not to overserve obviously intoxicated patrons. If an employee of the establishment negligently overserves a person, and that person suffers injuries such as alcohol poisoning, a slip and fall accident or wrongful death, the victim or his or her family may have grounds for a negligence claim.

A negligence claim against a bar or nightclub for overserving must prove through a preponderance of evidence that the establishment owed the victim a duty of care, breached this duty by overserving the victim, and that this breach is what caused the victim’s damages. The victim may also have a claim based on premises liability if a dangerous property element caused the accident, such as beer-soaked floors or inadequate security. A claim can demand compensation for damages such as physical injuries, medical bills, property damage, emotional distress, lost wages and legal fees.

Can I File a Dram Shop Claim if Alcohol Was Served to a Minor?

Texas’ dram shop law also applies to the serving of alcohol to a minor (someone under the age of 18) in some situations. If the alcohol vendor was an adult 21 years of age or older and was not the intoxicated individual’s parent, guardian, spouse or someone keeping custody of the minor, the adult could be liable for the minor’s intoxication. The adult must have knowingly furnished the minor with alcohol or allowed someone else to serve the minor alcohol on a premises the adult owned. If someone served your underage child alcohol and he or she suffered alcohol poisoning, you may have a case against the bartender, establishment, individual or social host. Speak to an injury attorney about a potential lawsuit right away.

Thousands of people travel for the holidays by air, car, bus, boat and train. Sadly, not all these travelers will make it to their holiday destinations alive. The holidays are some of the most common days for fatal accidents. Drunk drivers, heavy traffic, bad weather and human errors are a few of the reasons holiday-related travel accidents occur. Before the holidays arrive this year, learn a few key tips for safer trips.

Safe Driving

You can improve your safety on the road if you pay attention to the driving task, obey traffic laws and follow speed limits. Drive defensively to help protect yourself from other drivers. Assume other drivers will break the rules and put your life at risk. Always keep your eyes on the road and watch what drivers around you are doing. Prepare to stop at a moment’s notice. Put your phone away while driving to your holiday destinations to help prevent distracted driving accidents. Speak to a Dallas distracted driving lawyer if you were involved in an accident.
Drunk driving is a significant source of catastrophic and fatal auto accidents throughout the U.S. The rate of drunk driving spikes around the holidays. In 2016, 781 people died in drunk driving accidents in December alone. Reduce the number of drunk drivers on the roads this holiday season by finding a sober way home if you plan on drinking alcohol. Even if you have just one drink, it could impair you enough to affect your driving. Keep an eye out for erratic and potentially intoxicated drivers while you drive. If you think you see a drunk driver, stay a safe distance away and call 911.
As someone traveling to a new place for the holidays, research your destination and route ahead of time to better prepare for the drive. Check the weather and try to avoid driving if the forecast calls for rain, fog, sleet or snow. Leave early in the morning or late at night to avoid the bulk of holiday traffic. Only drive after a full night’s rest. If you are not used to driving overnight or long distances, do not do so. Take plenty of breaks and drive with a friend to help keep you awake. Bring your vehicle to a mechanic for professional maintenance before you embark.

Safe Flying

Statistically, you are less likely to be in a plane crash than an auto accident. If you know you will be traveling out of town for the holidays ahead of time, consider booking a flight instead of driving. You can skip traffic, get to your destination faster and reduce your risk of serious injuries. It is still important, however, to abide by certain safety tips while flying for the most positive experience.
• Pack smart. Obey the Transportation Security Administration’s rules for what to bring on your flight. Do not bring any liquids over three ounces in volume or portable chargers with lithium-ion batteries. Do not bring any weapons, gels or aerosols.
• Avoid the busiest travel days. Flying on a day that is not as busy for air travel can mean lighter traffic on the way to the airport and shorter security lines. The greatest rush around Thanksgiving is the Wednesday before the holiday and the Sunday after.
• Stay sanitary. Planes can be dirty places due to the high volume of travelers. Bring hand sanitizer with you and apply it regularly to avoid germs and illnesses while flying for the holidays.
Leave early to get to the airport to give yourself plenty of time to go through security and get to your terminal. Leaving early can allow you to take your time while driving to the airport and walking through the airport. This could help you avoid car crashes as well as slip and fall accidents. It can also help you avoid missing your flight. No matter how you travel this holiday season, plan ahead and put your safety first. Stay calm and in control and you can tackle any travel challenge this holiday season. If the worst does happen, contact a personal injury attorney for assistance.

Many people think their homes are places where serious and fatal burn injuries cannot occur. Most homeowners are familiar with their cooking equipment, furnaces, space heaters and other appliances. You might underestimate the dangers of cooking, decorating, purchasing new appliances or engaging in other regular activities at your home. According to the National Fire Protection Association (NFPA), however, 73% of structure fires in 2018 were home fires. Home fires and burn injuries are more common than you think. Practice a few general safety tips to avoid suffering a serious burn at home.

Who Is Held Liable?

If you suffer a bad burn injury at home, someone else may owe you compensation for your related medical bills, property damages, lost wages and other losses. Although you may not have a case if you negligently caused the burn injury yourself, you could have grounds for a claim if another person or entity reasonably could have prevented your burns yet failed to do so. If a defective water heater exploded, for example, the product’s manufacturer could be liable for your burn injuries.
Potentially liable parties for a burn injury that occurs at home include product manufacturers, property owners (if you are renting) and individuals. Any party that reasonably should have prevented your burn injury but failed to do so could be liable for damages. If your burn injury would not have happened but for the action or omission of another party, that party could owe you compensation for causing the incident. Speak to a Dallas burn injury lawyer for help with your case.

Thanksgiving Cooking Safety

Your risk of suffering a burn injury at home increases if you celebrate the Thanksgiving holiday. Thanksgiving is the number one day of the year for home cooking fires, according to the NFPA, followed by Christmas Day and Christmas Eve. It is also a popular day for serious burn injuries and related trips to the emergency room. If you plan on cooking this Thanksgiving holiday, do so with safety in mind.

• Stay in the kitchen the entire time you are using the stovetop.
• Check on your turkey frequently.
• Keep hot items at least three feet away from children.
• Do not let electric cords dangle within reach of children.
• Keep knives safely out of reach.
• Keep your kitchen floor clear of toys, clutter and debris.
• Keep flammable items away from your oven, stovetop and other heating appliances.
• Avoid using an oil-based turkey fryer.

Turkey fryers that use oil are one of the top causes of Thanksgiving burn injuries and home cooking fires. The NFPA recommends against using an oil-based turkey fryer, but if you do so, position it in your yard at least 10 feet away from any structures. Do not overfill your fryer with oil. Defrost your turkey entirely before dropping it into the oil. Keep a grease-rated fire extinguisher nearby in case of an emergency.

Common Burns You Can Get at Home

The four types of burns you could suffer are thermal, electrical, chemical and radiation. Within these categories are more specific types of burns, such as scalds from hot water or third-degree burns from spilled hot oil, that could injure you at home. Whether it is Thanksgiving or just another day at home, you could end up in the hospital with one of these 10 most common burn injuries.

1. Fire-related burns
2. Scalds
3. Contact burns
4. Hot liquid burns
5. Steam burns
6. Oil burns
7. Cooking burns
8. Electrical burns
9. Chemical burns
10. Explosion-related burns

Any type of burn could be significantly painful and require emergency medical treatment. If you suffered a first-degree burn (no blistering), you may be able to treat it at home if it is not on your face or another vulnerable area or more than four inches long. For second- and third-degree burns, however, you should see a doctor for professional burn treatment. Without hospitalization, you could be at serious risk of infections and other complications.