Considering A Dram Shop Case Against Borski's Tavern? Here's What You Need To Know
I've sued more reckless bars for failing to adhere to liquor laws than anyone else in the state of Texas. With three decades of experience and hundreds of cases behind me, I have seen just how frequently bars put profit before safety and over-serve alcohol, in spite of their legal obligation to serve responsibly. While people might see or hear of drunk driving accidents from time to time, they don't tend to hear as much about the role that irresponsible bars play in those accidents. In order to raise more awareness of this topic, I spend a portion of my time researching the Texas Alcoholic Beverage Commission's complaint database and writing about my findings here on my website. If you think you might have a dram shop (liquor liability) claim, don't hesitate to call my office at (855) 326-0000.
Borski's Tavern is located in Willis, Texas. In recent years, it has attracted the attention of the TABC due to allegations of liquor law violations. Between 2016 and 2019, authorities conducted three separate investigations into the bar's alcohol service practices.
In my three decades of legal practice, rarely have I seen bar end up involved in a wrongful death or injury case that didn't have a history of complaints on file with TABC. Almost every bar I've ever sued was already on the authorities radar, so when I see a bar that has been investigated several times over a short period, it raises my concern that it could one day play a part in an accident.
Note: Investigations are not proof of wrongdoing. However, if authorities investigate and fail to find evidence, it doesn't necessarily mean an establishment is innocent, either. The purpose of this article is simply to relay publicly-available information about incidents where the TABC has investigated Borski's Tavern for possible criminal or administrative violations.
TABC Investigations of Borski's Tavern Between 2016 and 2019
Willis - 16245 Hwy 75 North
Allegations:
Law enforcement contacted the TABC on 06/21/2016, alleging that staff was drinking on the job. This type of allegation is more serious than it might appear on the surface. Staff has a legal obligation to stop serving alcohol to patrons who exhibit signs of being dangerously intoxicated. If staff is drinking, its ability to judge when to cut off service is impaired.
Authorities looked into the matter shortly thereafter. For most liquor law violations, the TABC requires either video footage of the incident or eyewitness testimony from one of its agents in order to take action. Having neither in this investigation, authorities decided to close the case on 07/26/2016.
The TABC received a complaint from a concerned citizen on 09/21/2016 that alleged staff was drinking on the job, sold alcohol to an intoxicated patron, and that a breach of the peace (typically a fight) took place.
As mentioned in the previous investigation summary, the TABC relies heavily on video footage to back up most allegations of wrongdoing. Since they had no such evidence in this investigation, they could not take any further action, resulting in their decision to close the case on 10/19/2016.
On 08/09/2019, a member of the Willis community reached out to the TABC, claiming staff was drinking on the job and allowed customers to consume alcohol during prohibited hours.
An investigation ensued, but after nearly three months of work, authorities still had not managed to find any evidence of a criminal or administrative violation. With no other course of action available, the TABC concluded its efforts on 11/05/2019.
Texas Law Says Accident Victims Can Sue Bad Bars
If you would like to learn more about Texas dram shop law (i.e. lawsuits against bars who play a role in injurious or fatal accidents), please visit our Texas Dram Shop Law Info Page.
