Texas
Bar fight scene with men arguing and struggling, beer mugs and snacks on table, illustrating dram shop liability issues in Ohio.

Texas Dram Shop & Liquor Liability Expert Witness

When litigating a case under the Texas Dram Shop Act, you need an expert who understands not only the grounds for liability but also the state’s powerful “Safe Harbor” defense. Texas law holds establishments liable for serving an obviously intoxicated  person who presents a clear danger to themselves or others. As an expert in these specific cases, I provide the in-depth analysis required to build your claim or dissect the validity of a Safe Harbor defense.

The Texas "Safe Harbor" Defense: A Crucial Focus

The most unique aspect of Texas dram shop law is the “Safe Harbor” defense found in the Texas Alcoholic Beverage Code §106.14(a). This provision can protect an employer from liability, even if their employee illegally served an obviously intoxicated patron. For an establishment to successfully claim this powerful defense, they must prove:
  1. They required all employees to attend a TABC-approved seller-server training  program.
  2. The employee who over-served had actually attended and passed the certification class.
  3. The employer had not directly or indirectly encouraged the employee to violate the law.
My expertise focuses on a deep analysis of all three prongs, especially investigating whether management practices, drink specials, or sales quotas constituted “indirect encouragement” to over-serve.
Bartender in a turquoise shirt and suspenders standing at a bar, facing a well-stocked shelf of liquor bottles, with oranges and a cocktail shaker on the counter, illustrating the importance of responsible alcohol service in relation to Texas dram shop law.

Why You Need a Specialized Expert for Texas Dram Shop Cases

Navigating a claim requires a dual focus: proving the elements of the initial case and simultaneously preparing to overcome or validate a Safe Harbor defense.

Deep Knowledge of Texas Law

My analysis centers on two key areas: first, establishing that a patron was served while obviously intoxicated and presented a clear danger; second, conducting a thorough investigation into the TABC training records, policies, and management culture to assess the Safe Harbor claim.

Understanding of TABC Standards of Care

I am intimately familiar with the curriculum and standards of the Texas Alcoholic Beverage Commission (TABC) seller-server training programs. I can authoritatively assess whether an establishment’s real-world practices align with their certified training, a critical factor in defeating a Safe Harbor defense.

Jury Appeal & Venue Experience

Explaining the complexities of the Safe Harbor defense to a Texas jury requires an expert who can make the issues clear and compelling. I have the experience to effectively convey crucial points in Texas courtrooms, including the Harris County District Courts in Houston and other key jurisdictions.

Our Texas Dram Shop Consulting Services

My services are designed to provide comprehensive support for the unique challenges of Texas liquor liability litigation.

Case Merit Evaluation & Initial Analysis

A confidential review of the initial claim and the potential impact of a Safe Harbor defense.

Safe Harbor Defense Analysis

A dedicated investigation into an establishment’s training records, hiring practices, and management policies to validate or challenge a Safe Harbor claim.

Thorough Review of Evidence

Meticulous analysis of all documentation, including TABC certifications, police reports, receipts, witness statements, and video surveillance.

Detailed Expert Witness Reports

Professionally written reports designed to clearly articulate findings on both the service to the patron and the validity of the Safe Harbor defense.

Deposition & Trial Testimony

Clear, concise, and compelling testimony delivered with the composure and authority required for these complex cases.

Specialized Knowledge for Texas Liability Cases

My focus is singular, allowing for a depth of knowledge across the full spectrum of claims under the Texas Dram Shop Act.

DUI-Related Accidents & Wrongful Death

Connecting a tragic outcome to an establishment’s decision to serve an obviously intoxicated patron.

Challenging the Safe Harbor Defense

Investigating management practices, employee incentives, and company culture to determine if an employer indirectly encouraged employees to over-serve, thereby negating the defense.

Service to Minors

Investigating management practices, employee incentives, and company culture to determine if an employer indirectly encouraged employees to over-serve, thereby negating the defense.

Service Areas Across Texas

I provide expert witness services for cases throughout the State of Texas, including:

Dallas

The Dallas–Fort Worth metroplex, including Dallas and Tarrant Counties

Houston

Houston and Harris County

Austin

Austin and Travis County

San Antonio

San Antonio and Bexar County

El Paso

El Paso and El Paso County

Frequently Asked Questions (FAQ)

Get answers to common questions about Texas dram shop cases, expert witness services, legal timelines, and consultation procedures statewide.

What is the "Safe Harbor" defense in Texas?

It’s a powerful legal defense for an employer. If they can prove all their servers are TABC-certified and they haven’t encouraged over-service, the company can be shielded from liability for an employee’s actions, leaving the employee as the only defendant.

By investigating the “no encouragement” rule. I analyze sales policies, drink promotions, internal communications, and management oversight to determine if the company, despite having certified servers, created an environment that implicitly or explicitly encouraged employees to over-serve alcohol.

I provide a clear, detailed fee schedule upon request. My goal is to offer transparent and predictable pricing to assist you with your case planning and budget.

Contact Your Texas Dram Shop Expert Witness Today

If you are building a liquor liability case in Texas, you need an expert who understands the critical nuances of the Safe Harbor defense. Contact me today for a confidential, no-obligation consultation.

35+ Years Experience

Across hospitality, entertainment, and legal industries.

Strong Case Support

Providing objective analysis for plaintiff and defense.

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