Texas Dram Shop Law & Liquor Liability: Expert Witness Services
Understanding the Texas Dram Shop Act
Under Texas Alcoholic Beverage Code § 2.02, a licensed provider can be held liable for damages if it is proven that:
- At the time the alcohol was provided, it was apparent to the provider that the individual being sold or served was obviously intoxicated to the extent that they presented a clear danger to themselves and others.
- The intoxication of the recipient was a proximate cause of the damages suffered.
Proving “obvious intoxication” or “proximate cause” is rarely straightforward. It involves a deep-dive into blood alcohol concentration (BAC) science, behavioral indicators, and the standard of care expected of a permit holder.
Trusted By Businesses Across Texas
The “Safe Harbor” Defense: The Shield Against Liability
The most significant hurdle in any Texas dram shop case is Texas Alcoholic Beverage Code § 106.14, commonly known as the Safe Harbor defense or the “Trained Server Defense.” This law provides a “harbor” of immunity for the employer, even if an employee illegally over-served a patron.
Requirements of a “Safe Harbor” Defense
Mandatory Training
The employer required all employees who sell or serve alcohol to attend a TABC-approved seller training program.
Actual Certification
The specific employee who provided the alcohol was currently TABC-certified at the time of the incident.
No Encouragement
The employer did not “directly or indirectly” encourage the employee to violate the law.
Strategic Support for Legal Teams
As a dram shop expert witness, Richard Wills provides comprehensive support throughout the lifecycle of a liquor liability case:
1. Case Evaluation & Merits Review
Before a case reaches the courtroom, it must be vetted for technical accuracy. Richard reviews police reports, surveillance footage, and TABC “Seller Training” records to determine if a provider met the “Safe Harbor” requirements.
2. Standard of Care Analysis
Did the establishment follow “Responsible Alcohol Service” protocols? Richard evaluates whether the staff was properly trained, whether the employer encouraged over-service, and if the intervention techniques used were consistent with TABC administrative rules.
3. Regulatory Context
Because Richard spent decades within the TABC, he can interpret the Texas Alcoholic Beverage Code as it was intended to be applied. This “inside advantage” is crucial for simplifying complex state regulations for a jury or judge.
Meet the Expert: Richard “Dick” Wills
When a case requires a definitive voice on TABC standards, Richard Wills offers a level of credibility that is rare in the industry. As the Executive Director of the Gerald Franklin Agency, Richard brings a “Triple Threat” of experience to the stand:
- Former TABC Regional Supervisor: Richard retired from the TABC after years of leading the Licensing and Compliance division for the Gulf Coast region. He wasn’t just following the rules; he was the one training agents on how to enforce them.
- Former Retail Owner: Before his tenure at the state level, Richard co-owned a multi-store retail operation for 22 years. He understands the operational realities and challenges faced by business owners and their staff.
- Proven Expert Testimony: Richard has been retained in high-profile cases—including the landmark Spec’s regulatory proceedings—to provide testimony on administrative overkill and proper TABC investigative protocols.
In the complex landscape of Texas litigation, cases involving the Texas Dram Shop Act require more than just a general understanding of the law—they require an “insider” perspective on how those laws are enforced on the ground. Whether representing a plaintiff or a defendant, the clarity of a case often hinges on the testimony of a professional who has spent decades behind the scenes of the Texas Alcoholic Beverage Commission (TABC).
Why Credibility Matters in Liquor Liability
In a dram shop case, the jury is looking for a witness who is grounded in reality, not just theory. Richard Wills’ background as an Eagle Scout, United States Marine, and TABC Supervisor provides a foundation of integrity that resonates in the courtroom.
His ex-officio roles with the Houston Livestock Show and Rodeo and the Greater Houston Restaurant Association further demonstrate his deep ties to the Texas hospitality community and his commitment to fair, balanced compliance.
Partnering with Gerald Franklin Agency
While GFA is known as the gold standard for TABC licenses and permits, our consulting services extend into the highest levels of legal advocacy. We provide the technical precision required to handle both defense and plaintiff-side inquiries with objectivity and expertise.