Every nightclub must 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 reassuring in a handbook for employees.
Imagine the night of a Saturday that’s packed, with bartenders serving the exact same group of patrons, and a floor manager deals with crowds and customers placing orders for drinks from various locations. Who is responsible for determining if somebody shouldn’t have alcohol anymore?
In the context of litigation involving dram shops, this issue can be more insightful than finding out how many drinks were sold.
The first step in investigating overservice is to see what the staff members could be seeing
Dram Shop expert witnesses examine whether the alcohol-service decisions were in line with recognized industry practice and the actual conditions that employees were confronted with.
Intoxication is not enough to establish that the bartender knew of the warning signs. The investigation must consider what the customer’s behavior was and the time of service, any observations made by staff members, and any other evidence.
Surveillance footage could reveal difficulties walking, unusual movements or even interactions with employees. Witness statements can provide additional context, although recollections may differ. It is crucial to differentiate between what investigators knew about an incident, and what the staff could have reasonably expected to know at the time.
One Tab isn’t a necessity. One Drink
Records of sales at the point of sale are helpful, but interpreting them requires a lot of experience in the hospitality industry. A single customer could purchase multiple rounds of drinks for their buddies. A number of people could be involved in an order for bottle service. Separate bartenders may process orders without being aware that another employee has served the order.
Alcohol experts can look over the duration of transactions, drinks consumed, surveillance video, and records of staffing to create a complete timeline.
The analysis could reveal instances when employees were able to intervene or recognize that they were drinking. It can also be used to find instances where evidence is not enough to determine who consumed certain drinks.
The floor is where the Training Matters
Certifications of employees are crucial however, they don’t determine how a place operated during a particular shift.
Examining whether the training is current, whether employees understand intervention procedures and if managers are able to reinforce policies can be part of the investigation.
Preston Rideout brings approximately three decades of hospitality operations experience to this work, including bartending, nightclub management, and beverage-program consulting.
Based on his professional credentials He also has 112 seller/server certificates that include 48 states and the District of Columbia.
This allows him to review the training staff received as well as operational decisions that they faced. Bartenders, for instance may be able to spot a problem but not know how to contact management or record a refusal of service. It is therefore important to assess the supervisor’s capacity to oversee.
Insurance investigations may pose similar Questions
Expert witnesses in Liquor Liability often address the same operational questions for insurers as well as defense counsel and coverage attorneys. Though the language might differ however, the fundamental issue that is being investigated concerns the alcohol service and staff behavior.
An exhaustive review can include incident reports, written policies videos, written policies, employee schedules, certification records, and deposition testimony. The expert’s responsibility is not to automatically support the party retaining the expert. The duty of an expert is to explain the findings that they have discovered, to determine the best practices for industry and acknowledge the limitations that are significant.
The Experience of the past explains the reasoning that led to the records
Rideout has served as an expert witness in alcohol service and hospitality cases in eleven states. He has acted for both the plaintiff and defense lawyers.
His analysis addresses bars, nightclubs, restaurants resorts, casinos, and other hospitality establishments where alcohol-related services are a component of the daily operation. Each environment is unique in terms of staffing and supervision challenges.
Bartenders working in a tiny restaurant’s dining area might be able to better observe clients than an employee of a counter service at a nightclub. Knowing the difference will help you place evidence in its proper context.
It is not possible to fill in gaps by making assumptions
Dram shop laws differ depending on the jurisdiction and expert testimony should not be confused with the legal definition of the liability. The most robust analyses clarify what employees did and what practices for service are needed. They also back the conclusion that can be drawn from the evidence.
Sometimes records show a deviation from standard procedures. Sometimes, the records show that employees adhered to appropriate procedures or left important questions unanswered.
For attorneys evaluating alcohol-related claims this distinction is critical. An expert’s opinion is more than a narrative of the incident. The court can better understand the decision-making process in the establishment, even if nobody knew what the outcome would be.