A single allegation of over-serving alcohol can transform a profitable evening into a legal nightmare that threatens your entire business. With Texas dram shop laws, your bar or restaurant may be held accountable when intoxicated patrons cause harm, regardless of how diligently your staff monitored consumption or how responsibly you’ve operated for years.
At Fahl & Donaldson, our experienced attorneys defend hospitality businesses throughout Texas against dram shop liability claims. We understand the challenges bars and restaurants face in balancing customer service with legal obligations, and we’re committed to protecting your business when allegations arise. With our comprehensive services and innovative strategies, you can rest assured that your business is in the right hands.
Understanding Over-Service Claims in Texas
Over-service claims arise when an establishment allegedly continues serving alcohol to an obviously intoxicated patron. Under the Texas Alcoholic Beverage Code, a bar or restaurant can be held liable if they serves alcohol to someone who is obviously drunk, and that person subsequently causes injury to themselves or a third party. The key term here is “obviously intoxicated,” which creates a subjective standard that becomes the focal point of most defenses.
Texas courts have established that obvious intoxication must be apparent to a reasonable person observing the patron. However, crowded establishments, dim lighting, and brief server-patron interactions make it challenging to assess a customer’s level of intoxication accurately. The burden of proof rests with the plaintiff, who must demonstrate that your establishment served alcohol to someone who was obviously intoxicated at the time of service.
Common Defense Strategies Against Over-Service Allegations
The most effective defense often centers on whether your staff actually noticed the patron’s intoxication at the time of service. Building a strong defense requires a multi-faceted approach that examines every aspect of the incident.
Challenging the Observable Intoxication Standard
Video surveillance footage can be invaluable in demonstrating that the patron appeared to behave normally while at your establishment. Witness testimony from servers, bartenders, and other patrons can establish that no signs of apparent intoxication were present. We may also present evidence that the patron consumed additional alcohol elsewhere before or after visiting your establishment, challenging the causal connection between your service and any subsequent harm.
Establishing Safe Harbor Protection
Texas law provides a safe harbor defense for establishments that implement and follow specific server training programs. If your employees complete TABC-approved training and you can demonstrate compliance with responsible service policies, you may be entitled to reduced liability or complete protection from certain claims. Documentation becomes critical in establishing this defense, including training records, service policies, and evidence of consistent policy enforcement.
Building a Strong Defense Through Documentation
Thorough documentation practices can make or break your defense against over-service claims. Creating and maintaining comprehensive records provides the evidence necessary to counter allegations and demonstrate responsible business practices.
You should preserve security camera footage immediately when an incident occurs or when you receive notice of a potential claim. Incident reports completed by staff members provide contemporaneous accounts of what happened, documenting the patron’s behavior and any decisions regarding service. Additional documentation we can help preserve to strengthen your case includes the following:
- Transaction records showing drink orders and timing to establish consumption patterns
- Employee training records and certifications proving proper education about identifying intoxication
- Personnel files documenting disciplinary actions against employees who violated alcohol service policies
- Video surveillance footage with sufficient quality and coverage of service areas
Each piece of documentation serves a specific purpose in demonstrating that your establishment maintains responsible service standards. The more comprehensive your records, the stronger your defense position becomes when facing over-service allegations.
The Role of Expert Testimony in Your Defense
Expert witnesses play a crucial role in defending against over-service claims. Toxicologists can provide testimony about blood alcohol levels, absorption rates, and the timeline of intoxication. Their analysis may show the patron’s intoxication level at the time of the alleged incident was not consistent with the amount of alcohol served at your establishment.
Hospitality industry experts can testify about standard practices for identifying intoxication in busy bar and restaurant environments. They can explain the challenges servers face in making accurate assessments and establish that your staff’s actions were consistent with industry standards. Medical experts may also contribute by explaining factors that can mimic intoxication symptoms, creating reasonable doubt about whether the patron was actually intoxicated. We have access to these experts, making our support vital to your case’s success.
Get Experienced Legal Defense for Your Texas Hospitality Business With Fahl & Donaldson
Fahl & Donaldson has successfully defended numerous bars, restaurants, and hospitality businesses against dram shop liability claims throughout Texas. Our attorneys understand both the legal complexities of over-service allegations and the practical realities of running a hospitality business. With decades of combined litigation experience and a track record of favorable verdicts in complex cases, we bring the trial-ready representation necessary to protect your establishment against potentially devastating claims.
Whether you’re facing an active over-service claim or need guidance on implementing protective policies that reduce your risk, our team has the knowledge and courtroom experience to help. Contact our office today to discuss how we can help defend your business and safeguard the livelihood you’ve worked hard to build.