A nightclub may have bartenders trained and certified with written alcohol policy, and a knowledgeable manager for each shift. The security measures may appear reassuring when they are included in an employee manual.
Imagine a jam-packed Saturday night, when multiple bartenders are serving the same group or a floor manager taking care of a disturbance, while customers are ordering rounds at different places. Who has the responsibility to recognize when someone has ceased to be eligible for alcohol?
In the context of litigation involving dram shops, this question could be more insightful than finding out how many drinks were sold.
Overservice Investigations Begin with What Staff Could See
A Dram Shop expert witness examines whether alcohol-related decisions were consistent with recognized industry practices and the specific circumstances employees faced.
A customer’s intoxication is not proof, by itself that the bartender spotted warning signs while serving. Investigative investigations must take into consideration what the customer’s behavior was, the timing of the service, the observation of personnel, and any evidence.
Surveillance footage may reveal employees interfering with one with each other, performing strange movements or having difficulties walking. Witnesses’ testimony can add context to the situation, even if recollections are differing. It is important to distinguish between what investigators learned following an incident and what staff could reasonably have known at the time.
One Tab isn’t a necessity. One Drink
The points-of-sale records can be useful, however they require a background in hospitality to understand. A patron could purchase multiple rounds of beer for their friends. Multiple people may be involved in bottle-service transactions. Bartenders may process different orders and not know the prior order of another employee.
A Alcohol expert witness will examine the duration of transactions, alcohol consumption in surveillance footage, as well the staffing record to determine an accurate timeline for service.
This study could identify instances that employees had the opportunity to detect intoxication and intervene. It also can reveal instances when the evidence isn’t sufficient to establish who drank particular beverages.
The floor is where Training Matters.
Although certifications of employees are crucial but they do not always accurately reflect the way an establishment was run during a specific shift.
An investigation could examine whether training was current, whether employees were aware of intervention procedures, and whether managers reinforced the establishment’s policies.
Preston Rideout brings more than three decades of experience in operations for hospitality in this field, which includes bartending, nightclub management, and beverage-program consulting.
He also has 112 seller-server certifications that cover 48 states as well as the District of Columbia, according to his professional credentials.
The combination of both permits him to examine the education that employees received as well as their actual decisions. For instance, a bartender might recognize an issue with his behavior, but may not have directions on how to communicate with management or reporting a refusal of service. The adequacy of supervision can thus be as crucial as the individual behavior of the employee.
Insurance Investigations May ask Similar Questions
A Liquor liability expert witness frequently addresses the same operational issues for insurers, coverage counsel, and defense attorneys. Although the terminology used may differ, the examination is still centered around alcohol service, employee conduct supervision of management, as well as training.
A thorough examination could include incident reports, written guidelines videos, written policies, employee schedules, certification records, and deposition witness testimony. It is not up to the expert to automatically endorse the entity that they are retained by. The expert should explain why the evidence supports, identify pertinent practices within the industry, and acknowledge any limitations.
Experience can help explain the reasoning that drive the records
Rideout has served as an alcohol service witness and hospitality cases across 11 states. He has worked as a witness for plaintiffs as well as defense lawyers.
The analysis focuses on bars, nightclubs, restaurants, resorts, casinos, and other hospitality establishments where alcohol service is part of the everyday operations. Each place has its own unique management and staffing issues.
A bartender who works in a restaurant’s small dining room might have a better opportunity to look over customers than an employee at a nightclub service counter. Knowing the differences can help place the data in its proper context.
A credible opinion can’t fill in gaps by making assumptions
The laws for a liquor shop differ based on jurisdiction. Expert evidence from experts in operational matters is not a substitute for a legal determination. The most accurate analysis will reveal how the employees acted as well as the recognized standards of service that were required, and what conclusions are based on the evidence.
Sometimes, the records reveal that a deviation is observed from prescribed procedure. In other cases, they demonstrate that employees followed appropriate guidelines or left crucial questions unanswered.
It is important to distinguish between these two types of lawyers when looking at alcohol-related claims. A reliable expert opinion can do more than describe the incident. The court can better understand the decision-making process in the establishment, even though no one knew what the outcome would be.