Considering A Dram Shop Case Against Pour Haus Patio Bar? 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 Haus Patio Bar is located in New Braunfels, 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 no fewer than six 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 Pour Haus Patio Bar for possible criminal or administrative violations.
TABC Investigations of Pour Haus Patio Bar Between 2018 and 2019
New Braunfels - 386 W San Antonio Street
Allegations:
Law enforcement contacted the TABC on 01/09/2018, alleging that the bar sold alcohol to an intoxicated person.
Upon investigation, authorities were able to determine the validity of the claim, which they classified as both an administrative and criminal violation. After handing down an unspecified penalty, the TABC closed the case on 02/15/2018.
A second law enforcement complaint came on 04/12/2018, again alleging that the bar sold alcohol to an intoxicated person.
The ensuing investigation succeeded in uncovering evidence to support the allegation, which authorities on this occasion classified as solely an administrative violation. After deciding not to punish the bar, investigators concluded their efforts on the case on 05/26/2018.
The third law enforcement complaint, filed on 08/07/2018, accused the bar of selling alcohol to a patron who was already over the limit.
Authorities looked into the matter shortly thereafter. Even when the source of a complaint is a police officer, 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 09/25/2018.
A concerned citizen filed a complaint on 10/12/2018, claiming that the bar sold alcohol to both an intoxicated person and a minor.
The subsequent investigation was only able to confirm the second of the two allegations, which TABC agents classified as both an administrative and criminal violation. For some reason, investigators decided not to issue any punishment, instead choosing to close the case without further action on 12/08/2018.
A member of the New Braunfels community reached out to the TABC on 06/24/2019, accusing the bar of permitting the possession of drugs on the premises, permitting staff to sell drugs, and selling alcohol to an intoxicated person.
As mentioned in a previous 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 08/10/2019.
The next law enforcement complaint, filed on 12/03/2019, claimed that the bar sold alcohol to a drunk person.
TABC agents looked into the allegation, but due to a lack of video evidence, they could not determine its veracity. Left with no other course of action, investigators closed the case on 02/04/2020.
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.
