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Considering A Dram Shop Case Against Monster Burger? Here's What You Need To Know

My firm has handled more dram shop cases than any other in Texas. With 30 years of experience behind me, I have seen countless examples of bars that fail to follow alcohol service regulations and the tragic consequences that can result. This issue is more rampant that people realize, and one of my goals is to bring it to the public's attention. One way I do this is by reviewing Texas Alcoholic Beverage Commission complaint records and posting about my findings. If you think you may have a dram shop (liquor liability) claim and want to know how to proceed, please call me at (855) 326-0000.

Monster Burger is a sports bar and grill located in Cuero, Texas. Named as much for the size of its burgers as for its horror movie theme, the restaurant is well known to local fans of both. However, in recent years, it has also managed to attract a significant amount of attention from the TABC due to a number of recent complaints alleging liquor law violations. Between 2015 and 2018, authorities conducted four separate investigations into alcohol service practices at Monster Burger.

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 cause 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 Monster Burger for possible criminal or administrative violations.

TABC Investigations of Monster Burger Between 2015 and 2018

Cuero - 901 N Esplanade

Allegations:

On 01/15/2015, the TABC received a complaint from law enforcement, alleging that the bar sold alcohol to a minor.

TABC agents conducted an inquiry into the matter soon 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. In this particular instance, authorities had neither. As a result, the case came to a close on 02/21/2015.

Another law enforcement complaint reached the TABC on 01/21/2017, alleging that the bar sold alcohol to a drunk patron and that a breach of the peace (typically a fight) occurred, which the bar did not report (a separate violation in itself).

Authorities investigated and found sufficient evidence to prove the last two allegations. Altering handing down unspecified penalties for administrative violations, TABC agents closed this case on 03/02/2017.

A concerned citizen filed a complaint on 12/06/2017, charging that staff was drinking on the job and that the bar allowed an alcoholic beverage to be removed from the premises. The first allegation is more serious than it might appear on the surface. Staff has a legal obligation to stop serving alcohol to patrons who exhibit signs of being dangerously intoxicated. If the staff is drinking, its ability to determine when to stop serving is impaired.

The ensuing investigation failed to find any evidence of wrongdoing. Consequently, authorities were unable to take any action, so they closed the case on 01/31/2018.

A member of the Cuero community contacted the TABC on 05/29/2018, claiming that the bar employed a person under 18 to sell or handle alcohol and served alcohol to a minor.

After nearly a month and a half of work, investigators were unable to determine the veracity of the claims. With no other course of action available, authorities wrapped up their work on the case on 07/11/2018.

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.