Considering A Dram Shop Case Against The Island? Here's What You Need To Know
My firm has handled more liquor liability (dram shop) cases than anyone else in Texas. With over 30 years of practice behind me, I can attest to just how many bars regularly fail to adhere to alcohol service laws, particularly when it comes to their obligation to refuse service to patrons who are already drunk. While the public might see or hear about a drunk driving accident from time to time, it is much less common for it to hear about the role that irresponsible bars play in those accidents. In order to increase people's awareness of this problem, I dedicate a portion of my time to researching the Texas Alcoholic Beverage Commission's complaint database 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, please call me at (855) 326-0000.
The Island is a restaurant located in Pottsboro, Texas. In recent years, it has attracted the attention of the TABC due to allegations of liquor law violations. Between 2017 and 2018 alone, authorities conducted three separate investigations into the bar's alcohol service practices.
In my experience, it's 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 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 The Island for possible criminal or administrative violations.
TABC Investigations of The Island Between 2017 and 2018
Pottsboro - 120 Texoma Harbor Dr
On 06/07/2017, a concerned citizen filed a complaint with the TABC, claiming that staff sold alcohol to an intoxicated person.
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 07/19/2017.
A member of the Pottsboro community reached out to the TABC on 07/18/2017, alleging that staff sold alcohol to a minor, an intoxicated person, and possessed or sold drugs on the premises.
Upon investigation, authorities were able to confirm that staff sold alcohol to an intoxicated person, which they classified as an administrative violation. After handing down an unspecified penalty, the TABC concluded its work on the case on 08/06/2017.
Law enforcement reached out to the TABC on 08/14/2018, accusing the restaurant of failing to report a breach of the peace (typically a fight) and of selling alcohol to a drunk person.
As mentioned in the first investigation summary, the TABC relies heavily on video footage to back up most claims of wrongdoing - even when the source of a complaint is a police officer. Since authorities had no such evidence in this investigation, they could not take any action, leading to their decision to close the case on 09/24/2018.
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.