It is certainly negligent to drive in an intoxicated state, but it is also negligent to over-serve alcohol to a customer. This link between over-service and alcohol-related accidents is what forms the basis of partial liability for alcohol providers.
Fort Worth, Texas (PRWEB) March 11, 2013
The lawsuit (Cause No: 153-264659-13) was filed in the 153rd district of Tarrant County, where the accident occurred. The suit alleges on or about the night of September 1, 2012 and continuing into September 2, Cabaret East served, and continued to serve alcohol to Brian Boydston when it should have been apparent that he was obviously intoxicated.
Before leaving Cabaret East, another named defendant purportedly handed his car keys to Boydston, while still in an allegedly intoxicated state. Shortly thereafter, Boydston struck a concrete pillar, killing his passenger and himself. The suit alleges causes of action for dram shop liability against Cabaret East and negligent entrustment against the other named defendant.
Attorney Keith Purdue filed the wrongful death lawsuit and commented on the action, “First party dram shop cases, where the drunk driver is killed, present a few challenges from a policy standpoint. As a firm, we do not want to obviate the responsibility of a drunk driver, but we also want to make aware the dangers of overserving alcohol to bar or restaurant patrons.”
Under Texas dram shop laws (those applying to the service of alcohol and the liability of providers), an alcohol-serving establishment may be partially liable for a drunk driving accident. This requires evidence that agents of the establishment (employees) continued to serve alcohol to an already intoxicated patron, when it should have be apparent the individual was a danger to himself and others.
Attorney Keith Purdue continues, “It is certainly negligent to drive in an intoxicated state, but it is also negligent to over-serve alcohol to a customer. This link between over-service and alcohol-related accidents is what forms the basis of partial liability for alcohol providers. Our suits then not only seek to compensate victims and families of drunk driving accidents, but also put bars and restaurants on notice that their business practices must change.”
Grossman Law Offices is a personal injury law firm based in Dallas, Texas. Attorneys Michael Grossman and Keith Purdue can be reached at 1-855-246-3899, or by visiting http://www.injurylawyersftworth.com/.