Every nightclub must have trained bartenders and written alcohol policies. Additionally, they need an experienced manager for each shift. They can appear as like a peace of mind when they’re included in an employee’s manual.
But imagine a crowded Saturday night, where multiple bartenders serve the same customers, a floor manager is managing a disturbance, and customers are ordering drinks from various locations. Who will be responsible for determining that a person shouldn’t consume alcohol?
This could reveal something more about a liquor store lawsuit, other than determining how many drinks have been sold.
The first step in a probe into overservice is to see what staff members might be seeing.
A Dram Shop expert witness examines whether alcohol-service decisions were consistent with the accepted industry norms and the circumstances employees actually confronted.
It isn’t enough to prove that the bartender knew of the warning indications. Investigations must take into account the behavior of the client and the time of service, the observations of staff, as well as any other evidence.
Surveillance footage may reveal difficulty walking, odd movements or interactions with employees. Witness statements can provide additional context, although recollections may differ. The key distinction is what the investigators learn after an incident and what personnel could reasonably recognize in the moment.
One tab doesn’t always mean One Drinker
The points-of-sale records are useful, but they need experience in hospitality to read. A customer can purchase several rounds of beverages for their friends. Bottle-service transactions may require more than one person. Different bartenders could process orders without recognizing that a different employee was serving the order.
Alcohol experts can look over time of transactions, quantities of alcohol consumed, surveillance video, and records of staffing to develop a comprehensive timeline.
This type of analysis can reveal instances that employees had the opportunity to identify intoxication or intervene. It could also help identify instances where there is no evidence to establish who consumed certain beverages.
Training is Important Only Once It Is Applied to the Floor
The certification of employees is crucial but it cannot immediately determine the way a facility was run during a particular shift.
An investigation could examine whether training was in order, whether employees knew the correct procedures for intervention, and whether managers reinforced the policies of the establishment.
Preston Rideout has more than 30 years experience working in the hospitality industry, including bartending as well as nightclub management. He also provides drink program consultation.
He also holds 112 seller-server certifications covering 48 states and the District of Columbia, according to his professional qualifications.
This combination allows him review the training his employees received and the operational decisions they had to make. For example Bartenders may recognize the problem but have no clear guidelines for contacting management or documenting a refusal of service. Insufficient supervision could be just as crucial as the employee’s personal actions.
Insurance investigations may pose similar Questions
A Liquor liability expert witness frequently addresses the same operational issues for insurers, coverage counsel, and defense attorneys. Although the language may vary, the underlying investigation concerns the conduct of staff and alcohol service.
The thorough review could include incident reports as well as written policies, video recordings schedules for employees, and certification records. It’s not the role of the expert to automatically approve the person who retains them. The expert must explain what the data supports, identify relevant practices in the industry and recognize any limitations.
Experience is the reason for the decisions behind the Records
Rideout has partnered with plaintiffs and defendants in 11 states, to give testimony on hospitality, alcohol-related and other issues.
His research covers bars, nightclubs, hotels and other establishments in addition to resorts, casinos and other settings in which alcohol is frequently served. Every environment faces its own specific supervisory and staffing challenges.
A bartender working in a tiny dining room at a restaurant may be able to see different aspects of customers than an employee of a nightclub who works at a busy service station. Understanding these differences can help place the data in its proper context.
Reliable opinions won’t fill gaps using assumptions
Dram shop laws vary by location, and the operational expert testimony should not be confused with the legality of determining liability. The strongest analysis explains what employees did in the past, what standards of service required, and which conclusions the evidence supports.
Sometimes, the documents reveal some deviation from the established procedure. In other cases, they show that employees adhered to appropriate procedures or left important questions unanswered.
If lawyers are evaluating claims related to alcohol, that distinction matters. An expert’s opinion is more than just a report of the event. The court can better understand the decision-making process in the institution, even if nobody knew what the outcome would be.