Nightclubs may employ bartenders who are trained and have alcohol policy written down, and an experienced manager at every shift. In a handbook for employees, these policies can be a source of comfort.
Imagine a Saturday night that is busy, with several bartenders serving the same number of customers, while an employee on the floor manages crowds and customers placing orders for drinks from various venues. Who will be responsible for determining the moment when a person is no longer allowed to receive alcohol?
This aspect is more crucial in the dram shop litigation process than merely determining the number of drinks being sold.
Overservice investigations begin with what Staff could be seeing
Dram Shop expert witnesses will analyze whether the alcohol service decisions made by employees were conforming to industry standards and other circumstances.
The fact that a customer may be drunk does not in itself establish that a bartender observed obvious warning signs while serving. The investigation should look at what the customer’s behavior was, as well as the timing of service, as well as staff observations.
Surveillance footage can reveal issues with walking, unusual movements or even interactions with employees. Statements from witnesses can provide additional context, although recollections may differ. It is essential to differentiate between what investigators knew after an event and what staff could have reasonably known in the moment.
One Tab Doesn’t Necessarily Mean One Drinker
Records of sales at the point of sale are helpful however, their interpretation requires experience in hospitality. A single customer could purchase multiple rounds of drinks for their friends. A bottle-service transaction could involve multiple people. Bartenders can be separate and complete orders without knowing the name of the previous employee did.
An Alcohol expert witness can examine transaction times, beverage quantities, surveillance recordings, and staffing records to develop a more complete service timeline.
This study could identify instances when employees had an opportunity to detect intoxication and intervene. It may also identify areas where the evidence isn’t sufficient to establish who drank particular drinks.
The Floor is where the Training takes place.
While employee certificates are important but they do not always show how an organization operated during a specific shift.
A thorough investigation can determine if the training was up-to-date, if employees were aware of the procedures to intervene, and whether managers reinforced the policies of the establishment.
Preston Rideout is a specialist in hospitality with more than 30 years of expertise. This includes bartending, management and drink-program consulting.
Additionally, he holds 112 seller-server certifications that cover 48 states as well as the District of Columbia, according to his professional qualifications.
This combination allows him both to review the training staff received as well as operational decisions they had to take. For example, a bartender might spot an issue but do don’t know how to reach management or record a refusal of services. Insufficient supervision could be just as crucial as the employee’s individual actions.
Insurance investigations may ask similar questions.
Expert witnesses in Liquor Liability typically deal with the same operational issues for insurance companies attorneys, coverage counsel, and defense attorneys. The terms may vary however the core investigation still concerns alcohol service, staff conduct training, as well as oversight of management.
A thorough examination could include incident reports, written policies and procedures, videos employees’ schedules, certificates, records, and deposition witness testimony. It is not the job of the expert to endorse the entity that they are retained by. The expert’s responsibility is to provide an explanation of the findings that they have discovered, to determine the best practices for industry and to recognize the significance of limitations.
Experience can help explain the reasoning that drive the records
Rideout has provided testimony in alcohol-related and hospitality cases in 11 states, and has worked in tandem with defense and plaintiff counsel.
The analysis he provides includes bars, nightclubs, hotels and other establishments and resorts, as well as casinos and other places where alcohol is offered on a regular basis. Each environment is unique with regard to staffing and the challenges of supervision.
The bartender in a small dining room at the restaurant might be able to see different aspects of the customers than a nightclub employee working at a bustling service station. Understanding these differences can help you to put the evidence in its proper context.
Credible opinions don’t fill in gaps with assumptions
The laws governing a shop’s ramifications differ in each state. Operational expert testimony is not the equivalent to a legal ruling. The best analysis will explain the actions of employees in the manner that was recognized as a service practice were required, and what conclusions can be based on the evidence.
Sometimes records show a deviation from the established procedure. In other instances, they demonstrate that employees followed appropriate methods or left critical questions unanswered.
This distinction is important for lawyers who are evaluating the validity of claims that involve alcohol. A professional’s advice which is valuable does more than simply describe the event. It aids the court in understanding the decision-making process inside the establishment before anyone knew how the night would end.