Bartenders at nightclubs are have been trained and have alcohol policy written down, and have an experienced manager on every shift. These security measures could be reassuring when they are included in the employee handbook.
But imagine a crowded Saturday night where several bartenders serve the same crowd or a floor manager taking care of a disturbance, while customers are ordering drinks from various locations. Who is responsible for determining if an individual shouldn’t drink or not?
This question can reveal more in a dram store lawsuit, other than knowing how many bottles were sold.
The first stage in the investigation of overservice is to find out what the staff could see
Dram Shop expert witnesses will determine if the alcohol service decision-making of employees was in line with industry standards and the circumstances.
Intoxication alone is not enough to establish that the bartender knew of the warning indicators. The investigation should take into account the behavior of the customer as well as the timing of service, observations by staff and any evidence that is available.
Surveillance video footage could reveal problems walking, unusual movements or interactions with employees. Witness testimony can provide further background, however their perceptions may differ. The most important distinction is what the investigators learn following an incident, and what the staff could reasonably have known at the time.
One Tab Doesn’t Mean One Drinker
Interpreting point-of-sale reports requires prior experience in hospitality. A single person could buy multiple rounds of wine for friends. A number of people could be involved in the transaction of a bottle. Different bartenders could process orders without being aware that another employee has served the order.
A Alcohol expert witness will examine the time of transactions, beverages consumed recorded by surveillance cameras, as well as staffing records to create more comprehensive service timelines.
The analysis could reveal instances in which employees were able intervene or detect the signs of intoxication. The analysis may also indicate the instances where there isn’t enough evidence to identify the person who consumed an alcohol drink.
The floor is where Training Matters.
Although certifications of employees are crucial but they do not always reveal how a business operated during a specific shift.
An investigation might examine whether training was in order, whether employees understood intervention procedures and whether management reaffirmed the institution’s rules and regulations.
Preston Rideout brings more than three decades of operational experience in the hospitality industry in this field, which includes bartending, nightclub management and even beverage-program consultation.
Based on his professional credentials In addition, he holds 112 certifications for seller/server that are valid for 48 states and District of Columbia.
The combination of these two allows him to look at the amount of training employees received as well as their actual decisions. Bartenders, for instance could spot an issue but do might not know how to get in touch with management or record a refusal of services. This means that the level of supervision equally important as the employee’s actions.
Insurance Investigations may ask 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 but the core issue is the alcohol service and staff behavior.
A thorough examination could include incident reports, written policy documents and procedures, videos and employee schedules. It could also include certification records, and deposition witness testimony. It’s not the expert’s duty to provide support to those who want them. The expert must clarify what the evidence supports, identify relevant practices in the business, and acknowledge any limitations.
Experience explains the reasons behind the Records
Rideout has worked with plaintiffs and defendants across 11 states, to give testimony on hospitality, liquor-service and other issues.
The analysis he provides covers bars, restaurants and nightclubs, in addition to casinos, hotels, resorts and other venues for hospitality that serve alcohol on daily basis. Each place is distinct in terms of staffing and management challenges.
A bartender who works in a restaurant’s small dining area might have a better opportunity to watch customers than a worker working at a counter in a nightclub. Knowing the difference will help you place evidence in the proper operational context.
It is not possible to fill in gaps by making assumptions
Dram-shop laws are different across all jurisdictions. Expert testimony from an operational expert is not the same as a legal determination. The most comprehensive analysis clarifies the actions of employees in the past, what standards of service called for, and the conclusion the evidence supports.
Sometimes, the records show an infraction to established procedures. They might also prove that an employee complied with the correct guidelines or failed to answer the most important questions.
In the case of attorneys who evaluate alcohol-related claims, that distinction matters. An expert opinion is useful and does more than simply describe the incident. It helps the court know what was going on inside the establishment before the time of the night was over.