Teen's Alcohol Related Death Leads to Charges Against Waiter
As a DWI lawyer in Austin, I think it is right to aggressively pursue these charges. Not diminishing the need for personal responsibility on the part of the patron, those serving alcohol should be sufficiently trained to identify those who are intoxicated and to properly ID potential underage customers.
The Texas Alcohol Beverage Commission has reportedly gathered enough evidence to file criminal charges against a Buffalo Wild Wings waiter in connection with a customer’s death. The unidentified waiter is accused of over-serving Phillip Lara and failing to stop underage drinking.
Receipts show that Lara, 19, had been served five, perhaps six, 23-ounce beers, without being asked to present identification. That is the equivalent of nearly a 12-pack of beer. Lara weighed only 140 pounds and would have been over the legal limit for drunk driving in Texas after just two or three beers.
Lara left the restaurant and shortly thereafter lost control of his vehicle, struck a tree and the car burst into flames. His mother accepts that her son contributed to his own death, though she and the TABC feel there is also liability on the part of the waiter. The waiter could be sentenced to up to one year in jail if convicted of selling beer to a minor.
Besides filing criminal charges against the waiter, the TABC has cited the restaurant and is considering suspension of its liquor license.
