A nightclub may be equipped with bartenders who are trained and alcohol policies written down and an experienced manager for each shift. These safeguards could be reassured in a manual for employees.
Imagine a Saturday night that is crowded, with several bartenders serving the same group of patrons, while the floor manager is dealing with crowds and customers placing orders for drinks at various places. Who is responsible for recognizing the moment when a person is no longer allowed to consume alcohol?
In the case of dram shop litigation this question could be more insightful than knowing how many bottles were sold.
To begin with, staff are able to recognize the indications of an overservice investigation.
A Dram Shop expert witness examines whether alcohol-related decisions were consistent with the accepted industry norms and the actual circumstances employees faced.
The fact that a client is drunk doesn’t prove, on its own that the bartender was aware of warning signs while serving. The investigation should look at what the customer’s behavior was, as well as the timing of service, as well as employees’ observations.
Surveillance footage could reveal difficulties walking, strange movements, or interactions with employees. Witnesses’ testimony can give context to the event even if their memories are different. The key distinction is the information that investigators have after an incident and what the staff could reasonably have recognized in the moment.
One Tab isn’t a necessity. One Drink
Understanding the reports at point of sale requires years of prior experience in hospitality. A single customer might purchase several rounds for their friends. Bottle-service transactions could involve more than one person. Separate bartenders may process orders without recognizing that a different employee was serving the order.
An Alcohol expert witness is able to examine the timing of transactions, drink quantities recorded by surveillance cameras, as well as staffing records to create a more complete service timeline.
The analysis can identify instances where employees might intervened or identified intoxication. It may also identify areas where the evidence isn’t sufficient to determine who consumed particular drinks.
The Floor is where the Training Matters
The accreditation of employees is vital however it doesn’t necessarily determine how a place was run during a particular shift.
Investigative investigations may determine whether or not the employees are adequately trained, whether they understand the intervention procedures, and if managers have strengthened policies.
Preston Rideout brings approximately three decades of hospitality operations experience to this work, including bartending, nightclub management, and beverage-program consulting.
Professionally, his qualifications show that he has 112 seller-server certificates for 48 states in addition to the District of Columbia.
This combination allows him review the training his employees received and the operational choices they faced. For example, a bartender could spot an issue but may don’t know how to reach management or document a denial of service. The adequacy of supervision can consequently be as significant as the individual employee’s actions.
Insurance investigations could pose similar inquiries.
A expert witness in Liquor Liability usually is able to address the same operational concerns for coverage counsel, insurers and defense lawyers. Though the language might differ but the core issue is the conduct of staff and alcohol service.
A comprehensive review may include incidents reports as well as written policies. It may also include video recordings, employee schedules or certification records. Experts’ role is not to automatically support the party in the process of retaining them. The expert must explain what the data supports, describe relevant practices in the business and accept any limitations.
Experience is a key factor in determining the reasons behind the documents
Rideout has appeared in court on alcohol-related and hospitality matters in 11 states, collaborating in tandem with defense and plaintiff counsel.
His study covers bars, nightclubs and hotels in addition to resorts, casinos and other settings in which alcohol is served on a regular basis. Every setting is different in terms of staffing requirements and management challenges.
A bartender serving a small restaurant dining room may have a different opportunity to observe customers compared to an employee working a crowded nightclub service station. Knowing these differences will help put the data in its proper operational context.
It is not possible to fill in gaps by making assumptions
The laws for a dram shop differ in each state. Operational expert testimony is not the same as a legal determination. The most thorough analyses describe what employees did and what service practices are required. They also provide conclusion that can be made from the data.
Sometimes, records show the fact that a change has been made from the accepted procedure. They might also prove that the employee followed proper procedures or didn’t answer important questions.
It is crucial to differentiate between these two when lawyers are looking at alcohol-related claims. An expert opinion is more than a summary of the incident. It allows the judge to know what was going on inside the establishment prior to the time of the night was over.
