The State of Texas has placed an affirmative duty by enacting the Dram Shop laws on the alcohol establishment not to overserve patrons, because doing so places the customer and the public at risk when they leave. When an event like the Gordon Savage was involved in occurs, that means several layers of duties and protocols were likely not followed the way they were designed and required to be followed. That seems counterintuitive to me. When stories like this are reported, they have a tendency to cause some outrage from the public. In addition to that, the State of Texas requires each employee of any such establishment to have bi-yearly training and certification on serving alcohol, and any such training includes how to identify an intoxicated customer and what to do in the event a customer has become intoxicated.
Many other industries are punished when they violate the system that pays their checks, so why is it so counterintuitive that alcohol establishments must serve their customers responsibly? Are people not responsible for their actions? Here is the thing. The safe harbor provision essentially provides a defense for the restaurant and can act to save them from any liability. Just think about that for a second. That seems counterintuitive to me. In addition to that, the State of Texas requires each employee of any such establishment to have bi-yearly training and certification on serving alcohol, and any such training includes how to identify an intoxicated customer and what to do in the event a customer has become intoxicated. We believe that makes us a little bit different from everybody else, and we like it that way. This makes the burden very high. Next, a Plaintiff must prove that it was intoxication and not anything else, that was the proximate cause of the damages. Everyone complains about banking and mortgage lending schemes, but nobody talks about how much money restaurants make off alcohol and their link to drunk driving accidents and fatalities. Think of it this way: You must prove 1 it was apparent to the provider of alcohol that at the time the person was served alcohol, they were obviously intoxicated to the extent that they presented a clear danger to himself and others; and 2 it was the intoxication of the customer that was the proximate cause of the damages. We seek to provide an air of calm and confidence for our clients during a difficult time. We are longtime faces in our community and we love what we do. Our practice is quickly growing, and we have multiple offices in the area to provide maximum convenience to our clients. Just like with any licensing, there comes duties. When stories like this are reported, they have a tendency to cause some outrage from the public. On top of that, each employee is certified and has a license to serve alcohol indivdually at an licensed bar or restaurant and they have a duty not to overserve their customer. We are the largest and highest rated law firm in Rockwall and Kaufman County. My answer is simple: Guest and Gray, P. All things considered, the Texas Dram Shop Laws serve a great public policy service and place a sufficient burden on alcohol establishments and their employees who serve alcohol not to overserve customers, all the while providing an avenue for relief for victims and customers who have been injured when someone has been overserved. This means that the bar knows they have a duty, because they are licensed with the State. Not only does the customer have to be intoxicated, but it must have been apparent to the server at the time they served the alcohol to the customer. As reported, savage arrived around at W. We regularly pursue and defend various civil litigation claims, including personal injury claims.
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