Considering A Dram Shop Case Against Nicky's Bar? 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.
Nicky's Bar is located in El Paso, Texas. In recent years, it has attracted the attention of the TABC due to a number of allegations of liquor law violations. Between 2017 and 2019, authorities conducted four separate 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 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 Nicky's Bar for possible criminal or administrative violations.
TABC Investigations of Nicky's Bar Between 2017 and 2019
El Paso - 914 S Stanton
Allegations:
On 08/10/2017, a concerned citizen filed a complaint with the TABC, alleging the bar sold alcohol to an intoxicated patron.
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 10/08/2017.
Law enforcement contacted the TABC on 01/09/2018, alleging that the bar sold alcohol to a drunk patron and failed to report a breach of the peace (typically a fight).
Upon investigating, authorities were able to find evidence to support both claims. After issuing a written warning for failing to report the breach of the peace and issuing an unspecified penalty for selling alcohol to a drunk person, TABC agents ended their work on the case on 03/05/2018.
A member of the El Paso community reached out to the TABC on 03/23/2018, accusing the bar of again selling alcohol to an inebriated customer.
An investigation ensued, but it failed to turn up any hard evidence of wrongdoing. Unable to take any further action, authorities closed the case on 05/16/2018.
A citizen complaint, filed on 09/24/2019, alleged that the bar sold alcohol to a minor as well as to an obviously intoxicated person.
As stated in the first investigation summary, the TABC relies heavily on video footage to back up most claims of wrongdoing. Since they had none in this investigation, they were unable to take any action, resulting in their decision to close the case on 11/25/2019.
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.
