Nightclubs can employ bartenders who are trained and have alcohol policy written down, and an experienced supervisor at each shift. They may be described as reassuring in an employee handbook.
Imagine the night of a Saturday that’s crowded, with several bartenders serving a group of people, while an employee on the floor manages the crowd and customers who are ordering drinks from various venues. Who’s accountable for determining when an individual shouldn’t drink at all?
This is a more important issue in the dram shop litigation process than simply determining the quantity of drinks being sold.
Overservice Investigations Begin with What Staff members might see
Dram Shop expert witnesses will investigate whether the alcohol-related employee’s decisions were conforming to the industry standard and other circumstances.
The intoxication of a customer does not establish, on its own that the bartender was aware of warning signs while serving. The investigation must consider the manner in which the customer behaved and the time of service, the observations of staff and evidence available.
Surveillance video could have employees engaging with each other, making unusual movements or unable to walk. The testimony of witnesses could add context to the situation regardless of whether their own memories are different. What’s most important to distinguish between is what investigators learned from an incident, and also what staff should have known at the time of the incident.
One Tab Doesn’t Mean One Drinker
Records of sales at the point of sale are helpful however, understanding them requires a lot of experience in the hospitality industry. A customer might purchase several rounds of beverages for their friends. A bottle-service transaction may include multiple customers. Separate bartenders could handle orders without knowing what another employee previously served.
An Alcohol expert witness can examine the duration of transactions, alcohol consumption in surveillance footage, as well staffing records to develop the complete timeline of services.
This study could identify instances when employees had an opportunity to recognize intoxication or intervene. It may also identify areas where there is no evidence to establish who consumed certain drinks.
Training is only important until it reaches the floor
Although certifications of employees are crucial however, they don’t always reveal how a business operated during a certain shift.
The investigation could determine whether or not the employees have been trained, if they know the correct intervention procedure and whether managers have strengthened policies.
Preston Rideout is a seasoned hospitality professional with more than 30 years of expertise. This includes bartending, management and consulting on beverage programs.
He also holds 112 seller server certifications that cover 48 states as well as the District of Columbia, according to his professional qualifications.
This allows him to examine the training employees received as well as the operational decisions that they faced. For instance Bartenders may recognize concerning behavior but lack clear directions on how to communicate with management or logging a denial of service. Therefore, it is important to think about the ability of the supervisor to manage.
Insurance investigations may ask similar questions.
A Liquor liability expert witness frequently addresses the same operational issues for insurers, coverage counsel, and defense attorneys. Even though the language could differ but the core issue is the service of alcohol and the conduct of staff.
A thorough review could comprise incident reports, written guidelines recordings of video employees’ schedules, certificates, documents, and deposition evidence. It is not the responsibility of the expert to automatically approve the entity that they are retained by. It is to explain what evidence is in support, identify relevant industry practices and identify the significant limitations.
Experience helps explain the decisions that drive the documents
Rideout has testified in alcohol-service and hospitality cases in eleven states, working with both defense and plaintiff counsel.
The analysis he provides examines restaurants, bars, and nightclubs along with casinos, resorts, hotels and other hospitality settings which serve alcohol on a every day basis. Each setting has its own unique organizational structures and supervisory issues.
A bartender in a restaurant’s small dining room might be better able to observe customers more than a staff member working at a counter in a nightclub. Knowing the difference will assist you in placing evidence into its proper context.
It is not possible to fill in gaps with assumptions
Dram shop laws differ by the jurisdiction in which they are located. Expert opinions from experts in operations shouldn’t be taken as a legal determination. The most thorough analysis will explain the actions of employees, what recognized service practices called for, and which conclusions the evidence supports.
Sometimes, the documents reveal the absence of established procedures. Sometimes, the records prove that employees followed the appropriate methods or left critical questions unanswered.
In the case of attorneys who evaluate alcohol-related claims, that distinction matters. A good expert opinion does more than just describe the event. The court is able to understand how decisions were made within the establishment, even though nobody could tell what the final outcome would be.