Nightclubs may employ bartenders who know their stuff and have alcohol policy written down, and have an experienced manager on every shift. In the employee handbook, these guidelines can appear reassuring.
Imagine a crowded Saturday night where several bartenders service the same patrons. The floor manager has to deal with an issue, and patrons are ordering drinks from several places. Who will decide when a person should not consume alcohol?
This aspect is more crucial in the context of dram shops litigation, rather than simply determining the quantity of drinks being sold.
At first, the staff will be able recognize signs of an overservice investigation.
A Dram Shop expert witness examines whether alcohol-related choices were consistent with the accepted industry norms and the actual circumstances employees encountered.
Intoxication is not enough to establish that the bartender knew of the warning signs. The investigation should consider the behavior of the customer, the service timing, and employees’ observations.
Surveillance footage may reveal difficulty walking, unusual movements or even interactions with employees. Statements from witnesses may provide more information, but their recollections may differ. It is important to distinguish the information that investigators had after the incident and what staff members could have reasonably recognized at the time.
One Tab Doesn’t Equal One Drink
The point-of-sale record is useful however understanding them requires experience in hospitality. A single person could buy several rounds for their friends. Bottle-service transactions could require more than one person. Bartenders can be separate and handle orders without knowing what an employee has previously done.
An Alcohol expert witness can examine transaction times, beverage quantities, surveillance recordings, and staffing records to develop a more complete service timeline.
The analysis could reveal moments where employees were able to spot intoxication or intervene. It can also identify that there isn’t enough evidence to determine the person who drank one particular beverage.
Training Matters Only When It Reaches the Floor
While employee certificates are important, they do not always reveal how a business operated during a certain shift.
The investigation of whether the training is current, if employees understand intervention procedures and if management is able to reinforce the procedures can form part of an investigation.
Preston Rideout has more than 30 years of experience in the hospitality sector, including management of nightclubs and bartending. He also provides drink program consultation.
Professionally, his credentials show that he holds 112 seller-server certificates covering 48 states, as well as the District of Columbia.
The combination of the two will allow him to analyze the education that employees received and their operational decision-making. Bartenders, as an example may be able spot a pattern which is troubling but not be given clear guidelines regarding how to report it or how to contact management. Therefore, it is essential to evaluate the supervisor’s capability to supervise.
Insurance Investigations may ask similar Questions
Expert witnesses in Liquor Liability often discuss the same operational concerns for insurance companies as well as defense counsel and coverage attorneys. Although the terminology used may be different, the probe remains focused on the alcohol service, employee behavior control, management oversight, as well as training.
An in-depth review can include incident reports and written policies. They could also comprise videos employees’ schedules, employee timetables or certification records. It is not the job of the expert to automatically endorse the entity that they are retained by. The expert must explain what the evidence supports, identify relevant practices in the industry and be aware of any limitations.
Experience explains the reasons that led to the records
Rideout has worked with defendants and plaintiffs in 11 states, to give testimony on hospitality, alcohol-related and other issues.
His research focuses on bars, restaurants, nightclubs, hotels resorts, casinos, and other hospitality settings where alcohol service is part of the daily operation. Each place has its own unique issues with staffing and supervision.
A bartender who works in a small restaurant’s dining room may be better able to observe customers more than a staff member at a nightclub service counter. Knowing the differences will allow you to understand the data into its correct operational context.
A Credible Opinion Can’t Fill The gaps by making assumptions.
The laws governing a shop’s ramifications differ by the jurisdiction and expert testimony should not be confused with the legal definition of liability. The most accurate analysis explains what employees did, what recognized service practices called for, and which conclusion the evidence is able to back.
Sometimes, documents show a deviation from the established procedure. Other records show that employees didn’t follow the proper procedure or left important questions unanswered.
It is crucial to differentiate between the two for lawyers looking at alcohol-related claims. A reliable expert opinion can do more than just describe the event. It helps the court comprehend the decisions being made inside the restaurant before anyone knew how the night would conclude.