Considering A Dram Shop Case Against Mcfinnigan's Pub? 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.
Mcfinnigan's Pub is located in San Antonio, Texas. In recent years, it has attracted a substantial amount of attention from the TABC due to allegations of liquor law violations. Between 2018 and 2019 alone, authorities conducted four 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 Mcfinnigan's Pub for possible criminal or administrative violations.
TABC Investigations of Mcfinnigan's Pub Between 2018 and 2019
San Antonio - 7210 Blanco Road
Allegations:
On 11/27/2018, a concerned citizen filed a complaint with the TABC, alleging that the bar sold alcohol to an intoxicated person and during prohibited hours.
Authorities looked into the matter soon 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, TABC agents decided to close the case on 01/11/2019.
A member of the San Antonio community reached out to the TABC on 04/10/2019, alleging that staff was drinking on the job. This type of allegation is more serious than it might appear at first glance. Staff has a legal obligation to stop serving alcohol to patrons who exhibit signs of being dangerously intoxicated. If staff itself is drinking, its ability to judge when to cut off service is impaired.
Upon investigation, authorities found evidence of one criminal violation (public intoxication), for which they issued a warning citation. On 05/17/2019, investigators brought the case to a close.
The TABC received a citizen complaint on 07/30/2019, again alleging that staff was drinking on the job.
As mentioned in the first investigation summary, the TABC relies heavily on video footage to back up most claims of wrongdoing. Since investigators did not have any such evidence in this case, they could not take any action and thus decided to conclude their efforts on 09/20/2019.
Yet another citizen complaint, placed on 12/05/2019, accused staff of drinking on the job and selling alcohol to a drunk customer.
Due to a lack of video evidence, authorities could not determine the veracity of the claims. Consequently, they could not take any action, leading to their decision to close the case on 03/06/2020.
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.
