Drunk drivers create a danger to themselves and everyone else on the road. In some cases however, the motorist might not be the only party responsible for vehicle crash caused by a motorist’s intoxication.  Dram shop liability laws are designed to hold alcohol-serving establishments accountable when their negligence contributes to a serious or fatal injury. Now, a Houston restaurant owned by an NBA superstar is being sued because it allegedly overserved someone who went on to cause a deadly crash.

On November 11, 2023, Taylor Jackson, Christian Herrera and five others were killed in a devastating accident after Herrera’s car ran a red light. Following the crash, Herrera’s blood-alcohol concentration was found to be .139 percent, well over the legal limit.

Prior to the collision, Herrera had been at Thirteen by James Harden, the downtown establishment owned by the former Rocket and named for his uniform number. Harden currently plays for the Los Angeles Clippers. In their wrongful death lawsuit, Jackson’s family alleges that Herrera was “obviously intoxicated,” but the restaurant continued to serve him alcohol. They are seeking $1 million in damages, asserting that Thirteen staff failed to recognize Herrera’s inability to drive safely as is their responsibility under the dram shop liability law.

Under this Texas statute, establishments that serve alcohol can be held liable if they serve an obviously intoxicated person who later causes injury or death to themselves or others. These laws aim to promote responsible alcohol service and prevent avoidable tragedies. For families like the Jacksons, pursuing a dram shop liability claim is not only about seeking compensation for their loss but also about raising awareness and preventing similar tragedies in the future. One argument in the Jacksons’ lawsuit is that low wages for servers in Thirteen meant that they were compelled to maximize their tip revenue. Accordingly, these employees would be lowering their pay by “cutting off” drunk patrons. 

If you or a loved one has been affected by a drunk driving accident, consulting with an experienced attorney can help you understand your rights and options under dram shop laws.

Hope & Causey, P.C. handles dram shop liability claims on behalf of Texas accident victims and their families. Located in Conroe, we serve Montgomery County, San Antonio, Houston and the surrounding areas. For a free consultation, please call 936-441-4673 or contact us online.