When someone is seriously injured or killed by an intoxicated driver, Texas law may allow the injured party—or their family—to pursue a dram shop claim against the establishment that served the alcohol. These cases are governed by statute, and they often turn on whether the bar or restaurant can invoke what is known as the TABC Safe Harbor Defense.
At Winocour Law, we represent clients across Dallas and East Texas in dram shop cases where alcohol providers attempt to avoid responsibility by invoking Safe Harbor protections. Our work focuses on determining whether the defense actually applies under Texas law—and, when it does not, proving why the establishment remains liable.
If a bar or restaurant is claiming “Safe Harbor” in your case, we can help you evaluate whether that defense holds up.
What Is the TABC Safe Harbor Defense?
The Texas Safe Harbor Defense, also known as the Trained Server Defense, is outlined in Texas Alcoholic Beverage Code § 106.14. It provides limited protection to alcohol providers only if the establishment proves all required elements.
Safe Harbor was enacted to encourage responsible alcohol service—not to excuse overservice. If any element is missing, the defense fails.
What Must a Bar Prove to Claim Safe Harbor Protection?
To invoke Safe Harbor, an establishment must show:
1. The Bar Required TABC Certification
The business must have required its alcohol-serving employees to complete TABC-approved training on recognizing intoxication and preventing the unlawful service of alcohol.
2. All Alcohol Servers Were Properly Certified
Every employee who served alcohol on the date of the incident must have held a current TABC certification. Certification expires every two years and must be renewed.
3. The Bar Did Not Encourage Violations
The establishment must prove it did not directly or indirectly encourage employees to ignore intoxication, serve minors, or violate TABC rules. Written policies alone are not enough if actual practices contradict them.
Failure to prove any one of these elements defeats the defense.
The Winocour Law Advantage
For more than 135 years, Winocour Law has been part of Texas trial practice, representing people harmed by unlawful or negligent conduct. Dram shop cases involving Safe Harbor defenses require a detailed understanding of both Texas Alcoholic Beverage Commission regulations and how those rules are applied—or ignored—in real establishments.
The firm is led by Jonathan Winocour, a Diplomate of the National Institute of Trial Advocacy and a member of the National Trial Lawyers Top 100. He has handled dram shop litigation across Texas and regularly participates in MADD- and TABC-related discussions concerning impaired driving and civil alcohol liability.
Mike C. Miller, a Board-Certified Personal Injury Trial Lawyer by the Texas Board of Legal Specialization, brings decades of trial experience to alcohol-liability cases, including wrongful death claims where Safe Harbor defenses were contested.
Together, our attorneys have resolved multiple Texas dram shop cases involving fatalities, with recoveries ranging from six figures into the multi-million-dollar range, depending on the facts and available insurance.
Our Dram Shop Case Results
$3m Settlement in a Texas Dram Shop Wrongful Death Action
$925k Settlement in a Texas Dram Shop Wrongful Death Action
$560k Settlement in a Texas Dram Shop Wrongful Death Action
How Winocour Law Approaches the Safe Harbor Defense
“Safe Harbor is not established by policy statements alone. It depends on the evidentiary record—witness testimony, video footage, service receipts, and other contemporaneous shift records.”
— Jonathan Winocour, Founder and Principal Attorney
Testing the Evidence Against the Defense
The Safe Harbor defense frequently fails when tested against the evidentiary record. Texas law places the burden on the establishment to prove compliance with Texas Alcoholic Beverage Code § 106.14, and that proof must be supported by documentation rather than assumptions.
Common evidentiary failures include:
- Expired, missing, or inconsistent TABC certifications
- Alcohol being served by employees outside their assigned role
- Incomplete or inaccurate training and recertification records
- High employee turnover with inadequate compliance oversight
- Internal pressure to continue service despite visible intoxication
- Written policies that are not reflected in actual service practices
In these cases, the evidence tends to be determinative. Our investigation focuses on obtaining and analyzing:
- Employee TABC certification records and renewal histories
- Shift schedules and staffing logs for the incident date
- Surveillance footage showing who served alcohol and when
- Point-of-sale data reflecting service patterns
- Internal policies, manuals, and training materials
- Witness testimony from staff, management, and patrons
If the establishment cannot substantiate each required element with reliable evidence, it loses Safe Harbor protection and remains subject to liability under Texas Alcoholic Beverage Code § 2.02.
Safe Harbor defenses rise or fall on the evidence. Early investigation preserves records that may otherwise be lost.
– Sarah M., Sourced from Google Reviews
There are no words I can properly think of to thank this law office for all they’ve done for my family. They made a horrible time for myself and my kids a little easier with their backing and support. They were there every step of the way, answering every question, giving reassurance and understanding in a time when our life was turned upside down. Thank you to Jonathan and his team, my family will forever be grateful for your kindness.
Safe Harbor Does Not Excuse All Acts of Negligence
Even where Safe Harbor is raised, liability may still attach if the facts show:
- Continued service to a visibly intoxicated patron
- Service to a minor
- Failure to supervise or enforce service rules
- Conduct that rises to gross negligence
Texas law places the burden on the establishment—not the injured person—to prove Safe Harbor compliance.
What Is the Statute of Limitations for Texas Dram Shop Claims?
Texas dram shop claims are subject to firm filing deadlines. Under Texas Civil Practice & Remedies Code § 16.003, most personal injury actions must be brought within two years from the date of injury. Wrongful death claims must generally be filed within two years from the date of death.
While these deadlines define the outer limits of a claim, waiting until late in that window can materially weaken a case. In dram shop litigation—particularly where a Safe Harbor defense is anticipated—critical evidence often resides with the establishment itself. Surveillance footage may be overwritten, point-of-sale data may be purged, and employee certification records may become incomplete or difficult to verify over time.
Because the Safe Harbor analysis depends heavily on documentation and contemporaneous records, early investigation is often essential to preserving the evidentiary record needed to test whether the defense actually applies.
Speak With a Texas Dram Shop Lawyer About Safe Harbor Defenses
Winocour Law represents clients throughout Dallas and East Texas, including Longview, Tyler, and Nacogdoches, in dram shop cases where bars, restaurants, and insurers assert Safe Harbor protections early and aggressively.
When an establishment claims it is shielded by the TABC Safe Harbor Defense, that assertion warrants careful, evidence-based scrutiny. Many such defenses do not withstand investigation once records, certifications, and service practices are examined against statutory requirements.
To discuss whether the Safe Harbor Defense applies in your case, contact Winocour Law to speak with a Dallas dram shop attorney today. Consultations are free and confidential.