A receipt from a restaurant indicates that the customer drank several spirits. The customer was involved in a serious auto accident a few hours after the incident. For an attorney investigating potential liability of a dram shop the receipt is crucial. It doesn’t necessarily establish if the establishment served someone who was clearly drunk or in the event that employees didn’t adhere to procedures. What transpired between the drink orders may be more telling.
In order to understand this sequence it is necessary to examine the function of alcohol in a hospitality operation, not only counting beverages following an event.
Receipts record a sale, Not a Customer’s Condition
The record at the point of sale is used to identify the date the transaction took place, what beverages were purchased and what charges are assigned to a tab.
However, a receipt generally does not reveal how a person behaved when they were served a drink. It’s sometimes difficult to determine who consumed the drinks, especially if they were shared, or what the bartender observed.
A qualified Expert Witness will help attorneys interpret the records and also the video surveillance, witness testimony of employees and other evidence that is available. The goal is to retrace the service flow without thinking that every purchase tells the whole story.
What can employees observe in the real world?
One of the most crucial issues in alcohol-service disputes is whether staff had reason to suspect the patron was intoxicated. These could include impairment in coordination, speech that is unusual difficulties, balance issues or observable changes in behavior.
These indicators need context. A single act recorded on surveillance footage could have explanations unrelated to alcohol consumption. Investigators must also take into consideration the quality of the recording as well as the positions of employees and camera angles.
Preston Rideout has experience as the nightclub’s manager Bar manager, director of bar operations and bartender. His background in operation helps connect documented evidence to the responsibilities and the limitations that employees face working in busy environments.
Written Training Doesn’t Always Describe Real Practice
A majority of alcohol-related investigation investigations ask questions regarding preparation for employees. Did there exist any training programs for the server-sellers? Did the establishment train employees to identify signs of intoxication? Management explained the procedures for refusing to provide additional services?
These questions are central to Responsible alcohol service service, but reviewing training certificates alone may not answer them.
The facility may have rules that are in place, but they fail to enforce them consistently. In the reverse scenario an employee might be following the standards of service, even though it was a tragedy.
An operational review examines training materials and employee testimony. Also, it considers the management’s oversight and any actions that are documented during the incident. Both plaintiffs and defense attorneys can benefit from a clear distinction between the existence of the policy and its actual execution.
The Timeline of times reveals the crucial questions
Imagine a client who is served drinks from a variety of bartenders throughout the course of a busy evening. It is likely that the bartender who served the first patron observed a normal behavior. After a change of shift an additional employee could have served a drink. The manager could intervene later.
The decision-making process could be seen as an ongoing process if the timeline is not recreated. Analyzing all the records including transaction records, schedules of staffing, as well surveillance footage and incident reports together, will reveal who was responsible and for what. It is better to determine the missing files or videos, instead of making speculations.
Legal Liability and Industry Practice are two distinct issues
Professionals from the hospitality industry can explain and evaluate if a venue follows the established operating guidelines.
The court has the responsibility of determining legal liability. Dram shop laws vary between states, including the specific circumstances under which alcohol providers may be liable for civil actions.
Rideout Hospitality Consulting assists plaintiff and defendant lawyers across the country through case review, analysis of operations, written opinions, and depositions. Its work focuses on alcohol-service decisions and staff training.
The Most Proven Analysis explains what the Evidence Doesn’t Show
An alcohol-related incident may have devastating consequences, but the severity of the incident can’t be determined by the prior facts.
Attorneys should be aware of documents available, the limitations of these records, as well as the way employees were expected to operate under the circumstances.
A thorough hospitality analysis will discern between documented and accepted behavior patterns and clarify what practices at the venue are in line with or differ from accepted standards. This permits courts to assess the circumstances rather than using only the information later discovered.