Considering A Dram Shop Case Against Pour Choices? 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.
Pour Choices is a bar located in Austin, Texas. In recent years, it has attracted the attention of the TABC due to allegations of liquor law violations. In 2018 alone, authorities conducted three separate investigations of 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 Pour Choices for possible criminal or administrative violations.
TABC Investigations of Pour Choices in 2018
Austin - 401 E 6Th Street
The TABC received an anonymous complaint on 07/03/2018, alleging that the bar sold alcohol to a drunk patron and that a breach of the peace (typically a fight) occurred.
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 07/20/2018.
Law enforcement contacted the TABC on 07/11/2018, alleging that the bar sold alcohol to an intoxicated person.
While the ensuing investigation failed to find sufficient evidence to support the initial claim, it did manage to find evidence that the bar failed to report a breach of the peace, which authorities considered an administrative violation. After issuing a written warning, the TABC closed the case on 08/22/2018.
On 11/06/2018, a concerned citizen filed a complaint with the TABC, alleging that the bar failed to report a breach of the peace.
As mentioned in the first investigation summary, the TABC relies heavily on video footage to back up most claims of wrongdoing. Since authorities had no such evidence in this investigation, they could not take any action, leading to their decision to close the case on 01/09/2019.
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.