Bartenders in nightclubs know their stuff, have alcohol policies written down, and have an experienced supervisor at each shift. These safeguards could be reassured in an employee handbook.
Imagine a bustling Saturday night when several bartenders are serving the same crowd. A floor manager is dealing with an issue, and patrons take orders from a variety of places. Who is responsible to recognize when someone is no longer a candidate for alcohol?
In dram shop litigation, this issue can be more insightful than determining how many drinks were sold.
The first step in an investigation of overservice is to find out what staff members might be seeing.
Dram Shop expert witnesses examine whether alcohol-related decisions are in accordance with the accepted industry standard and the actual situations employees faced.
It isn’t enough to prove that the bartender was aware of warning indicators. The investigation should consider the customer’s behaviour as well as the timing of the service, observations by staff members, and any other evidence.
Surveillance video may have employees engaging with each others, performing unusual movements or having trouble walking. The testimony of witnesses may help to understand the circumstances even though their recollections may be differing. What’s most important to discern between is what investigators learned from an incident, and what staff should have been aware of at the moment of the incident.
One Tab isn’t a necessity. One Drink
The point-of-sale record is useful however, their interpretation require experience with hospitality. A customer could buy several rounds of beer for friends. A bottle-service transaction could involve several people. Separate bartenders could handle orders without knowing what another employee previously served.
An Alcohol expert witness can examine transaction times, beverage quantities, surveillance recordings, and staffing records to develop a more complete service timeline.
This analysis may identify moments when employees had an opportunity to spot intoxication or intervene. It can also be used to identify situations where the evidence isn’t sufficient to determine who drank certain drinks.
Training is only important when it’s on the ground
The certification of employees is essential however it doesn’t necessarily determine how a place worked during a specific shift.
An investigation might examine whether training was in order, whether employees were aware of the procedures to intervene and whether the managers emphasized the institution’s rules and regulations.
Preston Rideout brings over three decades of operational experience in the hospitality industry to his job, including bartending, nightclub management and drink-program consultancy.
His professional qualifications also show that he holds 112 seller-server certificates that cover 48 states, plus the District of Columbia.
The combination allows him to review the training his employees received and the operational choices they made. Bartenders for instance, might be able to detect a behaviour which is troubling but not be given clear guidelines regarding how to report it, or even how to reach management. Therefore, it is essential to consider the supervisor’s ability to manage.
Insurance investigations may ask similar inquiries.
A Liquor liability expert witness typically is able to address the same operational concerns for insurers, coverage counsel and defense lawyers. While the terms used could be different, the investigation is still focused on alcohol services, employee conduct control, management oversight, as well as training.
An in-depth review can include incident reports and written policies. They could also comprise videos of employee schedules, employee calendars or other certification documents. It is not an expert’s job to help an individual who would like them. It’s to clarify the reasons for their findings and to identify industry practices that are relevant and identify the significant limitations.
Experience is a key factor in determining the reasons that are behind the records
Rideout has partnered with plaintiffs and defendants across 11 states to provide testimony in alcohol-service, hospitality and other subjects.
His analysis addresses bars, nightclubs, restaurants resorts, casinos and other hospitality settings that have alcohol services as part of the daily operation. Every setting presents its own distinct management structures and supervisory problems.
A bartender in a small dining room in a restaurant could be able to observe the customers than employees at a busy nightclub service station. Knowing these differences will help put the evidence within its proper context.
A Credible Opinion isn’t able to fill gaps with assumptions.
Dram shop laws differ by jurisdiction. Expert statements from operational experts cannot be interpreted as a legal decision. The strongest analyses explain what employees did and what service practices are needed. They also support the conclusion that can be made from the data.
Sometimes, the documents reveal a departure from established procedures. In other instances, they demonstrate that employees followed appropriate procedures or left important questions unanswered.
For attorneys evaluating alcohol-related claims the distinction is crucial. A reliable expert opinion can do more than just describe the event. It allows the court to understand what was happening inside the establishment even before the end of the night.