Dram Shop Liability: Legal Nuances, Evidentiary Tools, and Evolving Technology

Justin B. Jones
Justin B. Jones | Fee, Smith & Sharp LLP

Mr. Jones focuses his practice in civil litigation, with a particular emphasis on bad faith and insurance litigation, commercial litigation, construction liability and defect litigation, products defect litigation, premises liability, and personal injury litigation. Justin has a wide range of experience in working with small businesses and entrepreneurs in addressing a variety of topics such as entity formation issues with limited liability companies.

On-Demand: May 23, 2025

1 hour CLE

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Program Summary

Dram shop statutes determine civil liability in personal injury cases involving alcohol. These laws vary by state but commonly address whether an establishment can be held responsible for overserving a patron who later causes harm. Key legal questions include the rights of intoxicated individuals to sue, different legal standards for intoxication, and the applicability of comparative negligence. Additional considerations include toxicology, tolerance levels, and the role of new technology in gathering relevant evidence.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Can the intoxicated patron sue?
  • Visible intoxication vs. obvious intoxication vs. "noticeably intoxicated"
  • Comparative Negligence - does it apply?
  • Toxicology and tolerance issues
  • How new technology can help you gather potentially relevant evidence

Closed-captioning available

Speakers

Speaker_Justin B. Jones_MDBJustin B. Jones | Fee, Smith & Sharp LLP

Mr. Jones focuses his practice in civil litigation, with a particular emphasis on bad faith and insurance litigation, commercial litigation, construction liability and defect litigation, products defect litigation, premises liability, and personal injury litigation. He attended Texas Tech University where he double majored and received a B.B.A. in Marketing and B.B.A. in Management in 2008. In 2012, Justin earned his J.D. from Tulane University Law School where he was a Member of the Sports Lawyers Journal and received a Certificate of Concentration in Sports Law. His experience includes representation of individuals, small businesses, and Fortune 100 companies from pre-litigation through trial. He has represented clients in both state and federal court and has counseled clients in varying capacities in over thirty (30) Texas counties. Mr. Jones also has extensive experience in multidistrict litigation and was the lead associate at hearings in front of the three judge pretrial panel for the largest MDL in Texas legal history.

In addition, Justin has a wide range of experience in working with small businesses and entrepreneurs in addressing a variety of topics such as entity formation issues with limited liability companies and 501(c)(3) organizations, contract drafting and analysis, and identifying potential litigation exposure in business agreements. He has helped digital artists protect their work, guided small businesses through Federal trademark registration, and advised musicians and filmmakers on recording and release agreements.

Agenda

I. Can the intoxicated patron sue? | 1:00pm – 1:15pm

II. Visible intoxication vs. obvious intoxication vs. “noticeably intoxicated” | 1:15pm – 1:30pm

III. Comparative Negligence – does it apply? | 1:30pm – 1:40pm

IV. Toxicology and tolerance issues | 1:40pm – 1:50pm

V. How new technology can help you gather potentially relevant evidence | 1:50pm – 2:00pm

Preview
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