On or about September 6, 2014, Elizabeth Alvarez, along with her husband, Juan Alvarez, and two sons, Juan Alvarez, Jr. and Ian Alvarez, were in a vehicle at or near the 10300 block of I-45, in or near the City of Houston, Harris County, Texas, when their vehicle was struck by a vehicle being operated by Jose Rivera. Jose Rivera was drunk at the time and had been served alcohol at a nightclub named El Huracan, owned or operated by Huracan Disco, Inc. As a result of the collision, Elizabeth Alvarez and Ian Alvarez were injured. Juan Alvarez and Juan Alvarez, Jr. were killed.
Firm attorney Benny Agosto, Jr. had the privilege of representing the family in a lawsuit filed in Houston, Harris County, Texas, against the nightclub under dram shop liability. More specifically, under the terms of “dram shop laws,” owners of a bar or any other business that sells alcohol can be held legally responsible for the actions of their customers after they have been drinking. Accordingly, the Texas Dram Shop Act holds establishments liable for selling alcohol to obviously intoxicated persons.
Codified in the Alcoholic Beverage Code § 2.02, the statute provides:
(b) Providing, selling, or serving an alcoholic beverage may be made the basis of a statutory cause of action under this chapter and may be made the basis of a revocation proceeding under Section 6.01(b) of this code upon proof that:
(1) at the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and
(2) the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.
Mr. Agosto was able to secure an individual settlement for each of the clients against the nightclub, which helped compensate their clients for the serious physical and emotional injuries they sustained as a result of the fatal crash.
Benny Agosto, Jr. is a partner at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner in Houston, Texas. For over 65 years, Abraham Watkins has successfully represented injured people and families who fall victim to catastrophes. Our attorneys have the knowledge, experience and resources necessary to obtain just compensation their clients. If you have been injured by an overserved individual driving a vehicle after leaving an establishment, please contact the office of Benny Agosto, Jr. at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, by letter at 800 Commerce Street, Houston, Texas 77002, or by phone at (713) 222-7211.