Considering A Dram Shop Case Against The Lumberyard? Here's what You Need To Know
I've been suing irresponsible bars for over-serving alcohol for 30 years. My experience handling hundreds of cases has repeatedly shown me just how many bars fail to follow alcohol service regulations, as well as the tragedies that all too often result. While people might see or hear about a drunk driving accident from time to time, they don't tend to hear about the role that reckless bars play in those accidents. In order to call more attention to this issue, I dedicate a portion of my time to reviewing the Texas Alcoholic Beverage Commission's complaint records 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, don't hesitate to call me at (855) 326-0000.
The Lumberyard is a live music venue located in Roscoe, Texas. Complete with a bar and full kitchen service, it has established a strong local following. In recent years, however, the TABC has visited on a number of occasions due to multiple allegations of liquor law violations. Between 2016 and 2017, authorities conducted four separate investigations alcohol service practices at The Lumberyard.
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 The Lumberyard for possible criminal or administrative violations.
TABC Investigations of The Lumberyard Between 2016 and 2017
Roscoe - 7 Cypress Street
On 04/30/2016, law enforcement contacted the TABC and alleged that the bar sold alcohol to an intoxicated person.
Authorities followed up soon after with an investigation. 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 06/06/2016.
Law enforcement filed a second complaint on 06/16/2016, charging the bar again with selling alcohol to a patron who was already over the limit.
The TABC looked into the matter, but failed to turn up any evidence of wrongdoing. Unable to take any action, authorities decided to close the case on 07/19/2016.
Yet another law enforcement complaint came on 05/11/2017, claiming that the bar sold alcohol to a minor.
The ensuing investigation did not manage to locate any hard proof of a criminal or administrative violation. With no other course of action available, authorities wrapped up their work on the case on 05/11/2017.
A member of the Roscoe community reached out to the TABC on 11/14/2017, alleging that the bar sold alcohol to an underage patron.
As mentioned earlier, the TABC relies heavily on video evidence to back up most allegations of wrongdoing. Since they had no such proof in this investigation, they shut the case on 12/18/2017.
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.