Legal Question in Consumer Law in Texas

Restraunt Liabilty

Upon eating at a restraunt in Hico, Texas my husband had ordered an alcoholic beverage and was served one by the waitress. Upon leaving however this same waitress had called the police and they arrested my husband for Public Intoxication. They should have never served him in the first place had they felt that he was so intoxicated they had to call the police. Can we sue them for this?


Asked on 5/09/06, 10:16 pm

1 Answer from Attorneys

TC Langford Langford Law Office

Re: Restraunt Liabilty

No doubt you are aware that this issue has received extensive media coverage of late.

In my opinion there might be a legitimate cause of action here. It would hinge tremendously on your husband's behavior and appearance at the time the drinks were ordered and subsequent to being served the drinks. Opposing the PI, and attempting to hold the restaurant liable would make for very interesting cases from a legal standpoint.

Unfortunately for you, interesting means expensive. To undertake the both battles an attorney would require a significant retainer, and would carry substantial risk as to the outcome.

TCL

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Answered on 5/10/06, 7:48 am


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