Considering A Dram Shop Case Against ? Here's What You Need To Know
I've been suing irresponsible bars for over-serving alcohol for 30 years. My experience handling hundreds of cases has repeatedly shown me just how many bars fail to follow alcohol service regulations, as well as the tragedies that all too often result. While people might see or hear about a drunk driving accident from time to time, they don't tend to hear about the role that reckless bars play in those accidents. In order to call more attention to this issue, I dedicate a portion of my time to reviewing the Texas Alcoholic Beverage Commission's complaint records 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, don't hesitate to call me at (855) 326-0000.
Longhorn Daiquiris is a bar & grill located in Austin, Texas. In recent years, it has attracted the attention of the TABC due to allegations of liquor law violations. Between 2019 and 2020, authorities conducted two investigations into the bar's alcohol service practices.
In my experience, it is 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 cause 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 Longhorn Daiquiris for possible criminal or administrative violations.
TABC Investigations of Longhorn Daiquiris Between 2019 and 2020
Austin - 2410 E Riverside Drive Suite D4
Allegations:
On 08/09/2019, a concerned citizen filed a complaint with the TABC, alleging that staff was drinking on the job and permitted the possession of drugs on the premises. The first 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 08/24/2019.
A complaint from a concerned citizen on 02/01/2020 brought the TABC back to investigate allegations that the bar failed to report a breach of the peace (typically a fight) and allowed customers to continue drinking during prohibited hours.
In addition to finding evidence that the bar failed to report a breach of the peace, the ensuing investigation also found proof that staff sold alcohol to a minor. Ultimately, the TABC decided to abstain from punishing the bar, opting instead to close the case after issuing a written warning.
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.
