San Antonio Drunk Driving Accident Lawyer

Expect the establishment to raise the safe harbor defense under section 106.14 of the Alcoholic Beverage Code. It says an employee’s over-service is not attributed to the employer when three conditions are met: The employer required its employees to attend a Commission-approved seller training program. The employee who served actually attended it. The employer did not directly or indirectly encourage the employee to violate the law. All three have to hold, the burden sits with the establishment, and it has to prove them with documentation rather than assertion. That is where these defenses come apart. Training certificates are missing or expired. The server that night was new and never completed the course. Or the third element fails on its own facts, because drink specials, sales quotas, comped rounds for regulars, and management pressure to keep tabs open are all evidence of indirect encouragement. A drunk driving accident lawyer in San Antonio should be requesting the training records, the employment file for that specific server, and the promotional materials for that night, early enough that the answers are still findable.