An individual was at a bar for a few hours, may have had nothing to eat during this time and was clearly overserved to the point of intoxication. They leave the bar or restaurant and cause an accident, causing someone to become severely injured or even worse, die. We all hear these heartbreaking stories on the nightly news, sadly on a regular basis. But whose fault was it, the bartender who overserved the individual or the individual who kept ordering his drinks?
Properly navigating through the Texas Alcoholic Beverage Commission codes and rules on overserving patrons and the individuals own actions are fundamental to dram shop cases. Establishments that sell alcohol are held to certain standards, some which involve bartenders to be cognizant of individuals ordering and reaching the intoxication point. Nearly all dram shop cases will involve a lawsuit being filed. This is because dram shop cases are so fact intensive that it involves gathering of documents that can only be accessed through the discovery process. Only through discovery and depositions will one be able to succeed against the negligent bar or restaurant for overserving an individual and putting other lives at risk.
We have successfully litigated many dram shop cases, each distinct but nonetheless rewarding that someone was eventually held accountable. If you believe you or a loved one was a victim to overserving, call us at 210-547-0505. We will gladly evaluate your case free of charge.