Every nightclub must have bartenders who are trained and abide by written alcohol policies. They also need an experienced manager for each shift. A handbook for employees contains these policies can be a source of comfort.
But imagine a crowded Saturday night, when multiple bartenders serve the same crowd and a floor manager is managing a disturbance, and customers are ordering drinks at different places. Who will be responsible to recognize when someone is no longer eligible for alcohol?
This aspect is more crucial in the context of dram shops litigation, rather more than just determining the quantity of drinks that are sold.
At first, the staff may be able to spot the signs of a possible overservice investigation.
Dram Shop expert witnesses will investigate whether the alcohol-related decision-making of employees was in accordance with industry standards and conditions.
The intoxication of a customer is not proof, by itself, that the bartender saw warning signs while serving. Investigations must take into account what the customer’s behavior was, the timing of the service, observations by staff, as well as any other evidence.
Surveillance footage can uncover a lack of ability to walk, bizarre actions, or even interactions with employees. Statements from witnesses can provide additional context, although recollections may differ. The key distinction is what investigators know following an incident, and what staff reasonably could have recognized in the moment.
One Tab Doesn’t Have to Mean One Drinker
The record of the sale at the point-of-sale are useful, but they require a background in hospitality to read. A single customer could purchase multiple rounds of beverages for their friends. A number of people could be involved in an order for bottle service. Bartenders may process different orders without knowing the previous order of another employee.
An Alcohol expert witness can examine transaction times, beverage quantities, surveillance recordings, and staffing records to develop a more complete service timeline.
This type of analysis can reveal instances that employees had the opportunity to recognize intoxication or intervene. It could also help identify instances where the evidence isn’t sufficient to establish who drank particular drinks.
Training is only important until it reaches the floor
While certifications for employees are vital, they do not always reflect how an establishment operated during a certain shift.
An investigation may consider whether training was current, whether employees knew the correct procedures for intervention and whether management reaffirmed the establishment’s policies.
Preston Rideout has more than 30 years of experience in the hospitality sector, including bartending and nightclub management. He also offers beverage program consulting.
He also has 112 seller-server certificates covering 48 states and the District of Columbia, according to his professional certifications.
The combination of the two lets him examine the education that employees received and their operational choices. Bartenders, for example, might be able to recognize a behavior that is alarming, but they may not have clear instructions regarding how to report it or how to contact management. This means that the level of supervision is just as important as an employee’s actions.
Insurance Investigations could ask similar Questions
A Liquor liability specialist witness usually will address the same operational problems for insurers and coverage counsel and defense attorneys. Even though the language could differ but the core issue is alcohol service and staff conduct.
An exhaustive review can include incident reports, written policy documents videos, written policies employee schedules, certification records, and deposition witness testimony. It is not up to the expert to endorse the person who retains them. The expert has to explain why the data supports, describe relevant practices in the industry and be aware of any limitations.
Experience explains the reasoning That Drive the Records
Rideout has served as a witness in alcohol service and hospitality cases in 11 states. He has acted for both the plaintiff and defense attorneys.
His research is a comprehensive look at restaurants, bars, and nightclubs along with casinos, resorts, hotels and other venues for hospitality that serve alcohol on a daily basis. Every environment faces its own specific requirements for staffing and supervisory management.
A bartender serving a small dining room in a restaurant could have different opportunities to observe customers compared to employees at a busy nightclub service station. Knowing the differences will allow you to put the evidence in its proper context.
Credible opinion doesn’t fill gaps with assumptions
Dram-shop laws are different in each jurisdiction. Expert testimony from an operational expert is not the equivalent to a legal ruling. The most robust analyses clarify the actions of employees and what practices for service are needed. They also provide conclusion that can be made from the data.
Sometimes, records show that an error has been made from the standard procedure. Sometimes, the records prove that employees followed the appropriate practices or leave important questions unanswered.
When lawyers evaluate claims involving alcohol, that distinction matters. A professional opinion is more than a summary of the incident. It helps the court comprehend the decisions that were made in the establishment prior to knowing the outcome of the night.