Nightclubs can employ bartenders who are trained and are able to write alcohol policies down, and have an experienced manager at every shift. In an employee handbook, these security measures can be seen as reassuring.
Imagine a busy Saturday night with several bartenders service the same patrons. A floor manager has to deal with problems, and customers are ordering drinks from several locations. Who is responsible for determining if somebody shouldn’t have alcohol at all?
This aspect is more crucial in the context of dram shops litigation, rather more than just determining the quantity of drinks that are sold.
The first step in an investigation of overservice is to look at what staff members might be seeing.
A Dram Shop expert witness examines whether alcohol-service decisions were consistent with recognized industry practices and the circumstances employees actually encountered.
The fact that a client is drunk is not proof, on its own that the bartender noticed warning signs when serving. The investigation should consider what the customer’s behavior was and the time of the service, the observations of staff members, and any other evidence.
Surveillance footage could reveal difficulties walking, odd movements or even interactions with employees. Witness testimony can provide additional context, though recollections can differ. What’s important to differentiate between is what investigators have learned after an incident, and what the staff ought to have known at the time of the incident.
One Tab Doesn’t Mean One Drinker
These records can be useful however understanding them requires experience in hospitality. Customers can purchase several rounds of beer for friends. Bottle-service transactions may involve more than one person. Bartenders can process separate orders and not know the prior order of another employee.
An Alcohol expert witness can examine the duration of transactions, alcohol consumption in surveillance footage, as well staffing records in order to establish a more complete service timeline.
This investigation could reveal times when employees were able to intervene or realize the fact that they were drunk. This analysis can also be used to find instances where evidence is not enough to determine who consumed certain drinks.
The importance of training is when it’s on the ground
Although employee certifications are essential but they may not accurately reflect the way an establishment was run during a particular shift.
Examining whether the training is up to date, if employees know the correct procedures for intervention, and if management is able to reinforce the guidelines can be a part of the investigation.
Preston Rideout has more than 30 years of operational experience in the hospitality industry in this field, which includes bartending, nightclub management, and consulting on beverage programs.
Based on his professional credentials He also has 112 server/seller certifications, which include 48 states and the District of Columbia.
The combination allows him to examine both the training employees received and the operational choices they made. For example Bartenders may recognize an issue with his behavior, but may not have instructions on how to contact management or reporting a refusal of service. In the end, the level of supervision equally important as the employee’s behavior.
Insurance Investigations May ask Similar Questions
A specialist witness in Liquor Liability frequently deals with the same operational issues for coverage counsel as well as insurers and defense attorneys. Even though the language could differ however, the fundamental issue that is being investigated concerns the conduct of staff and alcohol service.
A thorough review could comprise incidents reports, written policies videos, written policies, employee schedules, certification records, and deposition testimony. It is not the responsibility of the expert to automatically approve the person who retains them. The expert’s responsibility is to provide an explanation of the findings to identify practices in the industry and recognize meaningful limitations.
Experience helps explain the decisions that drive the documents
Rideout has appeared in court on alcohol-related and hospitality cases in 11 states, and has worked in tandem with defense and plaintiff counsel.
The analysis he provides includes restaurants, bars and nightclubs, in addition to resorts, hotels, casinos and other settings for hospitality that serve alcohol on regular basis. Each setting is unique in terms staffing and the challenges of supervision.
Bartenders working in a restaurant’s dining area might be better able to look over customers than an employee working at a counter in a nightclub. Understanding the distinctions will enable you to place evidence in the right operational context.
An opinion that is credible doesn’t fill gaps with assumptions.
Dram shop laws differ depending on location, and the operational expert testimony is not to be confused the legal definition of liability. The most thorough analysis will explain the actions of employees, what recognized service practices called for, and which conclusion the evidence can be relied upon to support.
Sometimes, the records show some deviation from the established procedure. They may also indicate that the employee was following proper practices or did not answer crucial questions.
It is vital to differentiate between these two when lawyers are in evaluating claims involving alcohol. An expert opinion is more than a summary of the event. It helps the court discern what was going on inside the premises even before the time of the night was over.