Each nightclub needs to be equipped with bartenders trained and have written alcohol guidelines. Also, they should have an experienced manager to oversee each shift. The security measures may appear at times as reassuring if they are included in an employee’s manual.
Imagine a jam-packed Saturday night, where multiple bartenders serve the same customers and a floor manager is handling a disturbance, and customers are ordering drinks from different locations. Who is responsible for recognizing that a person shouldn’t consume alcohol?
This is a more important issue when it comes to dram shop litigation more than just determining the quantity of drinks being sold.
In the beginning, employees will be able recognize signs of an investigation into possible overservice.
A Dram Shop expert witness examines whether alcohol-related decisions were consistent with the accepted industry norms and the specific circumstances employees encountered.
The intoxication of a customer does not establish, on its own that the bartender noticed warning signs when serving. The investigation should consider the customer’s behavior and the timing of service, the observations of staff as well as evidence.
Surveillance footage may reveal employees interfering with one with each other, performing strange movements or having difficulty walking. Witness testimony can provide additional information, but their recollections may differ. It is important to distinguish between what the investigators were aware of after an event and what the staff could have reasonably recognized at the time.
One Tab Doesn’t Necessarily Mean One Drink
Understanding the reports at point of sale requires years of prior experience in hospitality. Customers can purchase several rounds of beer for friends. Bottle-service transactions could include more than one individual. Separate bartenders may process orders without knowing that another employee served the order.
An Alcohol expert witness can examine transaction times, beverage quantities, surveillance recordings, and staffing records to develop a more complete service timeline.
The analysis can reveal instances in which employees might have acted or detected intoxication. This analysis can also show when there isn’t enough evidence to pinpoint the individual who consumed a particular drink.
It is important to train only when it reaches the floor
Employee certifications are important however, they don’t define how a facility operated during a particular shift.
Checking if the training program is up to date, if employees know the correct procedures for intervention, and whether managers have a strong understanding of the procedures can form part of an investigation.
Preston Rideout is a hospitality expert with over three decades of experience. This includes bartending, management and beverage-program consultation.
Additionally, he holds 112 seller-server certifications that cover 48 states as well as the District of Columbia, according to his professional credentials.
This allows him to examine the training employees received as well as the operational decisions they had to take. Bartenders, for example may be able to spot an issue but may don’t know how to reach management or record a refusal of service. The adequacy of supervision can therefore become just as important as the individual behavior of the employee.
The Insurance Investigation May Ask Similar Questions
A Liquor liability specialist witness often addresses the same operational concerns for coverage counsel as well as insurers and defense attorneys. Although the terminology used may differ, the case is still focused on the alcohol service, employee behavior, management oversight, and training.
A thorough review could include incidents reports as well as written policies. It may also include video recordings employees’ schedules, employee timetables or certification records. It is not the responsibility of the expert to automatically approve the party that retains them. It’s about describing the reasons for their findings and to identify industry practices that are relevant, and acknowledge meaningful limitations.
Experience explains the reasons behind the Records
Rideout has partnered with plaintiffs and defendants across 11 states in the past to testify on alcohol-service, hospitality and other issues.
The analysis focuses on bars, restaurants, nightclubs, hotels resorts, casinos and other hospitality establishments where alcohol-related services are a component of daily operations. Each environment presents different staffing structures and supervisory challenges.
A bartender in a restaurant’s dining area may be able to better observe clients than an employee at a nightclub service counter. Understanding those differences helps place the evidence within the proper context of operation.
The credibility of opinions doesn’t fill in the gaps by relying on assumptions
Dram shop laws are different according to locality. Expert statements from operational experts is not a substitute for legal advice. The strongest analyses explain what employees did and what service practices are needed. They also provide conclusion that can be made from the data.
Sometimes, records indicate that a deviance was made from the established procedure. In other cases, they show that employees adhered to appropriate methods or left critical questions unanswered.
When lawyers evaluate claims involving alcohol, that distinction matters. A good expert opinion does more than describe the incident. It aids the court in understanding the decisions made within the establishment, before any one knew what would happen next.