Considering A Dram Shop Case Against Bear's Den? Here's What You Need To Know
My firm has sued more bars for liquor law violations than any other in Texas. In my over 30 years of experience, I have repeatedly seen just how serious the consequences can be when bars over-serve alcohol. While the public might see or hear about a drunk driving accident from time to time, it's much less common to hear about the role that irresponsible bars play in those accidents. One of my goals is to raise awareness about the extent of this problem. To this end, I dedicate some of my time to investigating Texas Alcoholic Beverage Commission complaint records and reporting what I find here on my website. If you think you might have a dram shop (liquor liability) claim and would like to learn about how to proceed, please call me at (855) 326-0000.
Bear's Den is a bar and grill located in Leakey, Texas. In recent years, it has attracted the attention of the TABC due to allegations of liquor law violations. Between 2017 and 2019, authorities conducted two separate investigations into the bar's alcohol service practices.
In my experience, it's uncommon for a bar without a history of run-ins with the TABC to end up on the hook for contributing to a wrongful death or injury. Virtually every bar I have ever sued was already on the authorities' radar. That's why I pay close attention to bars with several recent complaints against them. The more investigations a bar has had, the greater my concern is that it could one day contribute to an accident.
Note: Investigations are not proof of wrongdoing. However, if authorities investigate and fail to find evidence of a violation, 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 Bear's Den for possible criminal or administrative violations.
TABC Investigations of Bear's Den Between 2017 and 2019
Leakey - 620 Hwy 83 South
Allegations:
On 10/17/2017, a concerned citizen filed a complaint with the TABC, 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 11/11/2017.
Law enforcement contacted the TABC on 03/05/2019, claiming that the bar sold alcohol to an intoxicated person.
As mentioned in the previous investigation summary, the TABC relies heavily on video footage to back up most claims of wrongdoing - even when the source of a complaint is a police officer. Since authorities had no such evidence in this investigation, they could not take any action, leading to their decision to close the case on 04/23/2019.
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.
