Considering A Dram Shop Case Against Up A Creek? 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.
Up A Creek is a bar located in Cedar Creek, Texas. In recent years, it has attracted the attention of the TABC due to allegations of liquor law violations. Between 2016 and 2019, authorities conducted four separate investigations into the bar's alcohol service practices.
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 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 Up A Creek for possible criminal or administrative violations.
TABC Investigations of Up A Creek Between 2016 and 2019
Cedar Creek - 1374 Hwy 21 West
On 07/12/2016, a concerned citizen filed a complaint with the TABC, accusing staff of drinking on the job and selling 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 08/18/2016.
Law enforcement contacted the TABC on 03/10/2017, alleging that the bar sold alcohol to a minor.
As mentioned in the previous 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 04/27/2017.
A concerned citizen reached out to the TABC on 11/06/2017, claiming that the bar allowed staff to possess or sell drugs on the premises.
While the ensuing investigation failed to find any evidence to support the initial claim, it did manage to determine that an individual possessed an alcoholic beverage acquired at another retailer, which authorities classified as an administrative violation. After issuing a written warning, the TABC closed the case on 12/21/2017.
On 02/27/2019, a member of the Cedar Creek community filed a complaint with the TABC, alleging that staff was drinking on the job and that a breach of the peace (typically a fight) occurred.
TABC agents conducted an inquiry, but due to a lack of video evidence, they could not determine the veracity of the claim. As a result, investigators could not take any further action, leading to their decision to close the case on 04/23/2019.
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.