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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My son was attack while driving a taxis in The Woodlands, TX.

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My son was attack while driving a taxis in The Woodlands, TX. A bar had called for a ride for an intoxicated patron. When he arrived the bar employees were holding the patron outside and would not let him leave the property. The bar employees had no idea where the patron was to go and the patron could only point in the direction he wanted to go. My son eventually got his drivers license and tried to take him to that address. The patron became agitated and eventually my son decided to take him back to the bar and try to find a phone number of a family member to come and pick him up. Long, long story short the man put my son in a head lock from behind while he was driving and proceeded to strangle him, jerking his neck around at one point my son was able to get out of the top part of his seatbelt and fought back and finally managed to get out of the strangle hold. The car ran up on a curb and came to a holt and my son was able to get out. The patron had a 2.5 on the breathalyzer. Can my son get medical expenses paid for by the patron or the bar? The patron was arrested and jailed. My son neck had been previously fused from a broken neck in college and we suspect there could be some permanent damage, but he does not have the resources to hire a lawyer.

Thank you for your question.

I'm very sorry to hear about this situation.

It is possible in Texas, under the Texas Dram Shop Act, to sue both the bar and the patron for the injuries your son received. Under the Texas Dram Shop Act, the bar is responsible if your son can establish "proof that: at the time the provision of alcohol occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.”

Your son's next move should be to contact a local personal injury attorney to represent him in this case and file a claim against both the patron and the bar. The bar's insurance policy on this matter will be much larger and would cover your son's damages if he can establish liability. There are many attorneys around Houston who will take cases such as this on a contingency arrangement. That means that your son would not have to pay any attorney's fees up front.

If you just type in "Houston Dram Shop Attorneys" into a google search, the results have many qualified attorneys who may be interested in your son's case.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best regards,
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