Thinking About Filing A Dram Shop Lawsuit Against Olive Garden? Here's What You Should Know
My firm has litigated more dram shop claims than anyone else in Texas, so I know just how widespread the problem of over-service is, and the havoc it can wreak upon victims. In the hopes of raising awareness among the general public about this scourge, I occasionally take a look at the Texas Alcoholic Beverage Commission's public records and share the information I find about complaints and investigations. If you would like to discuss a potential Dram Shop claim, please call at (855) 326-0000.
Olive Garden is an Italian-American casual dining restaurant chain that operates almost 900 locations globally. The first Olive Garden location was opened in 1982, as a unit of General Mills Inc. By 1989 there were approximately 145 locations, quickly becoming one of the largest restaurant chains in America. Eventually General Mills' restaurant division would become Darden Restaurants in 1995. In the final quarter of 2018, Darden boasted an annual revenue of $2.13 billion, a significant portion of which likely stemmed from alcohol sales.
The Texas Alcoholic Beverage Commission has conducted 11 investigations into allegations of improper service or handling of alcohol since the start of 2008.
Simply because an Olive Garden location was investigated, it does not mean that they are a location that displays a pattern of violating TABC code. Conversely, if a location has been investigated and investigators determine that they are not in violation of TABC code, that does not mean that the alleged violation did not take place. At times, sufficient evidence required to prove that either criminal or administrative violations occurred is hard to come by. We are simply reporting the locations that were put on the TABC's radar for one reason or another by concerned citizens and law enforcement agencies.
Olive Garden Locations that Have Been Investigated by the TABC Since 2008
San Antonio - 7920 Ih 35 North
Allegation:
On 11/10/2008, a concerned citizen alleged that this Olive Garden location may have sold alcohol to a person under the age of 21.
Upon further investigation TABC officials found that this location had failed to invalidate ID stamps, and this location received a written warning.
Waco - 5921 W Waco Drive
Allegation:
On 01/21/2009, it was alleged by a member of the Waco community that a minor was sold alcohol at this location.
TABC officials closed their investigation on 3/18/2009, deciding that no further action was necessary regarding punishment and fines.
College Station - 510 S Earl Rudder Freeway
Allegation:
On 03/12/2009, it was alleged by a patron that a person under the age of 21 was sold alcohol.
After a few weeks of investigating the claim, the case was closed on 3/30/2009 with no fines levied nor punishment for criminal violations from the TABC.
Addison - 4240 Belt Line Road
Allegation:
This location was alleged to have failed to report a breach of the peace, or a fight, by a law enforcement agency on 11/10/2009. They were then referred to the TABC for investigation.
On 12/04/2009 it was determined by TABC detectives that this particular Olive Garden had in fact failed to report the fight to authorities and was issued a written warning.
Tyler - 5520 S Broadway Avenue
Allegation:
On 12/10/2010, a customer alleged that this location had sold alcohol to an intoxicated person.
Investigators with the TABC were unable to corroborate the claim and closed the investigation on 2/3/2011.
San Antonio - 7920 Ih 35 North
Allegation:
On 02/15/2013, it was alleged that a patron left the restaurant with an drink they had purchased there in an open container, which is illegal in Texas.
TABC investigators closed the case on 3/5/2013 with no further action taken.
Temple - 3625 S General Bruce Drive
Allegation:
On 02/25/2013, it was alleged by a concerned member of the community that a bartender may have been giving out an un-invoiced alcoholic beverages.
TABC investigators closed the case on 2/28/2013 with no further action taken.
Temple - 3625 S General Bruce Drive
Allegation:
On 02/25/2013, it was alleged by a concerned member of the community that a bartender may have been giving out an un-invoiced alcoholic beverages.
TABC investigators closed the case on 2/28/2013 with no further action taken.
Sugar Land - 5005 Sweetwater Boulevard
Allegation:
On 12/31/2013, a member of the Sugar Land community alleged that this Olive Garden location had been employing someone under the age of 18 to serve alcohol.
The TABC closed their investigation into the matter on 2/11/2014, without issuing any sanctions.
Spring - 26715 I-45 North
Allegation:
It was alleged by a customer on 1/3/2014 that this location was refilling spirits. This usually occurs when a bartender or manager is refilling a more expensive bottle with inferior product. Say, for example, you ordered one of your favorite, most expensive bourbons on the rocks. But instead of giving you Bulleit Bourbon 10 Year Old, they throw some regular old Jim Beam into the bottle beforehand and pour that into your drink. Illegal refilling occurs more often than one may think.
These cases are tough to prove, which may help explain why TABC investigators closed their investigation on 1/16/2014, having not found enough evidence to pursue the matter further.
Houston - 26715 I-45 North
Allegation:
A private citizen alleged that a minor was sold alcohol on 7/6/2016.
The investigation was closed on 8/28/2016 with no further action taken against this Olive Garden location.
Humble - 9632 Fm 1960 Humble Bypass
Allegation:
This location was alleged to have sold alcohol to someone under the age of 21.
About a week later, TABC officials closed the matter on 4/7/2018 without recommending any further action against this Olive Garden.
Texas Law Says Accident Victims Can Sue Bad Bars
If you would like to learn more about Texas dram shop law (i.e. liquor liability law / lawsuits against bars who play a role in injurious or fatal accidents), please visit our Texas Dram Shop Law Info Page.
