Overserving alcohol could make a bar liable in a civil court under Texas dram shop laws. And in Houston, one family is suing four local bars under these laws.
Four Montrose bars, Eagle, Ripcord, Lola's and JRs, are being accused of overserving the suspect of an auto pedestrian crash that killed Joseph McMullin while he was on a first date. McMullin, 33, had been walking along the 1200 block of Westheimer Road to a nearby donut shop when a driver lost control of a sports car and struck him on the sidewalk before hitting a pole, a woman told police investigators.
Servers and bartenders should be aware of dram shop laws, but for those who don't know, here's a breakdown with information from the McMullins’ attorney Jesus Garcia of KherKher Garcia, LLP.Every state in the U.S. has its own dram shop laws that hold a business liable for how much alcohol they serve someone. A victim of drunken behavior—someone hurt as a result of a business overserving alcohol—can sue the intoxicated person, as well as the business.
Garcia said when people are showing signs of intoxication, the server is supposed to stop serving them. When this rule is violated, the business can be liable for consequences. Those consequences can include crashing a vehicle after drinking.
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