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Brown Sims’ attorneys have significant experience in the highly-specialized area of defending Dram Shop claims against alcohol providers and their employees. Brown Sims takes an aggressive approach in identifying defenses to claims that are extremely fact-intensive. The firm’s attorneys act quickly to preserve testimony of employees by obtaining sworn statements soon after the assignment is received, in order to eliminate the risk of unclear memory after significant time has passed or, worse, adverse testimony from a former employee in an extremely transient workforce. Brown Sims’ attorneys understand the significance of developing detailed information regarding the amount, types, and times of alcohol consumed, drinking history, and food consumption and how those factors affect intoxication and appearance—which are key to the liability evaluation.
The experience of its attorneys in handling high-exposure civil cases, as well as alcohol permit revocation proceedings with the Texas Alcoholic Beverage Commission, enables Brown Sims to quickly assess potential liability and damages. An expeditious initial evaluation enables the client, with Brown Sims’ guidance, to determine the best strategy for resolving the claim early in the litigation process. Through their expertise in this area, Brown Sims’ attorneys have developed solid relationships with experts in forensic toxicology and accident reconstruction so that critical issues can be determined from the outset, shaping the overall strategy for defending the allegations.
Brown Sims’ attorneys have successfully defended a wide array of alcohol providers, from large national chains such as Omni Hotel and Bennigan’s, to privately-owned establishments, directly and through their insurance carriers. Cases have involved a broad range of severity of damages, from relatively minor injuries to multiple fatalities for a single accident in which the settlement demand exceeded $10 million.
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