Considering A Dram Shop Case Against Tejas # 5? Here's What You Need To Know
I have sued more bars for irresponsible alcohol service in the last thirty years than anyone else in Texas. Having handled hundreds of cases, I can attest to just how widespread the practice of over-serving customers is. While people might see or hear about drunk driving accidents from time to time, rarely do they hear about the role that reckless bars play in those accidents. In the interest of helping the general public see the real extent of this problem, I spend a portion of my time researching the Texas Alcoholic Beverage Commission's record of complaints and posting about my findings here on my website. If you think you might have a dram shop (liquor liability) case, don't hesitate to call me at (855) 326-0000.
Tejas # 5 is a gas station and convenience store located in Silsbee, Texas. In recent years, it has attracted the attention of the TABC on multiple occasions due to a number of complaints alleging liquor law violations. Between 2015 and 2019, authorities conducted three separate investigations into alcohol service practices at Tejas # 5.
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 contribute to an accident.
Note: Investigations are not evidence that a bar has broken the law. Investigators must have sufficient proof that there was a violation of TABC regulations in order to take legal action. Owing to the nature of liquor law violations, that proof can often be difficult for authorities to obtain. The purpose of this article is simply to relay publicly-available information about incidents where the TABC has investigated Tejas # 5 for possible criminal or administrative violations.
TABC Investigations of Tejas # 5 Between 2015 and 2019
Silsbee - 3322 Fm 92
Allegations:
The TABC received a complaint from a concerned citizen on 06/29/2015, alleging that the store sold alcohol both to a minor and during prohibited hours.
Upon investigating, authorities were able to determine that the store sold alcohol to a minor, which they classified as an administrative violation. After handing down an unspecified penalty, they closed the case on 07/14/2015.
A member of the Silsbee community filed a complaint on 12/04/2015, alleging that the store again sold alcohol to an underage customer.
On this occasion, authorities did not manage to find sufficient evidence to substantiate the claim. As a result, they could not take any further action and decided to close the case on 01/16/2016.
Law enforcement filed a complaint with the TABC on 01/02/2019, alleging for a third time that the store sold alcohol to a customer under the age of 21.
Just as in the previous investigation, TABC agents could not determine the veracity of the claims due to a lack of video evidence. With no other course of action available, they concluded their work on the case on 02/06/2019.
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.
