Considering A Dram Shop Case Against Bogie's Pub & Grill? Here's What You Need To Know
My firm has handled more liquor liability (dram shop) cases than anyone else in Texas. With over 30 years of practice behind me, I can attest to just how many bars regularly fail to adhere to alcohol service laws, particularly when it comes to their obligation to refuse service to patrons who are already drunk. While the public might see or hear about a drunk driving accident from time to time, it is much less common for it to hear about the role that irresponsible bars play in those accidents. In order to increase people's awareness of this problem, I dedicate a portion of my time to researching the Texas Alcoholic Beverage Commission's complaint database and reporting my findings here on my website. If you think you may have a dram shop (liquor liability) claim and have questions about how to proceed, please call me at (855) 326-0000.
Bogie's Pub & Grill is a small chain of restaurants, consisting of two locations in Missouri City and Pearland, Texas. In recent years, it has managed to attract the attention of the TABC on several occasions due to a number of complaints alleging liquor law violations. Between 2016 and 2018, authorities conducted no fewer than five investigations into alcohol service practices at Bogie's Pub & Grill.
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 Bogie's Pub & Grill for possible criminal or administrative violations.
TABC Investigations of Bogie's Pub & Grill Between 2016 and 2018
Pearland - 9330 Broadway Suite 500
Allegations:
On 10/18/2016, a concerned citizen filed a complaint, alleging that the bar sold alcohol to a drunk person and that a breach of the peace (typically a fight) occurred, which the bar failed to report (a separate violation in itself).
Authorities followed up soon after with an investigation. 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. In this particular instance, authorities had neither. As a result, the case came to a close on 10/25/2016.
A member of the Pearland community filed a complaint with the TABC on 04/19/2017, alleging that the bar sold alcohol to both a minor and an intoxicated customer.
The ensuing investigation failed to turn up any hard evidence of an administrative or criminal violation. Unable to take any further action, authorities closed the case on 05/20/2017.
On 02/22/2018, a staff member at the bar filed a complaint, claiming that a breach of the peace took place and that the bar sold alcohol to an inebriated patron. While it might seem strange that the source of the complaint was a staff member, employees must legally report any violations they see to the authorities.
As mentioned previously, the TABC relies heavily on video evidence to determine the veracity of most claims of wrongdoing. As they had none in this particular instance, they chose to wrap up their work on the investigation on 04/17/2018.
A citizen complaint, filed on 04/19/2018, charged the bar with selling alcohol to a customer who was already over the limit and allowing customers to drink after hours.
Once again, authorities failed to locate any evidence to back up the allegations. Consequently, they could not take any action and thus decided to end the investigation on 06/12/2018.
On 07/24/2018, the TABC received a citizen complaint, accusing the bar of selling alcohol to a minor.
As in all of the previous investigations, TABC agents found no video evidence to back up the claim. With no other course of action available, they shut this case on 09/11/2018.
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.
