A nightclub can have bartenders trained and certified and alcohol policies written down as well as a skilled manager for each shift. These safeguards could be reassured in a handbook for employees.
Imagine an evening on a Saturday that is busy, with several bartenders serving the exact same group of customers, while a floor manager deals with crowds and customers placing orders for drinks from different locations. Who will be responsible for determining when someone should no longer consume alcohol?
This question can reveal more about a dram shop lawsuit than simply finding out how many drinks have been sold.
To begin with, staff are able to recognize the indications of an investigation into possible overservice.
Dram Shop expert witnesses will investigate whether the alcohol-related employee’s decisions were in line with industry standards and conditions.
An eventual drunkenness of a client does not by itself show that a bartender spotted recognizable warning signs during service. The investigation should take into account the manner in which the customer behaved and the timing of service, employee observations, and available evidence.
Surveillance footage could reveal difficulties walking, odd movements or even interactions with employees. The testimony of witnesses can give additional background, however their perceptions may differ. The most important thing to differentiate between is the information investigators learned from an incident, and what staff should have been aware of at the moment of the incident.
One Tab Doesn’t Necessarily Mean One Drinker
The points-of-sale records can be helpful, but they need experience in hospitality to interpret. One customer could purchase multiple rounds of wine for friends. Bottle-service transactions may be performed by more than one person. Bartenders can process separate orders and not know the prior order of another employee.
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 instances when employees were able to intervene or detect the fact that they were drunk. This analysis can also be used to pinpoint situations where evidence is not sufficient to determine who consumed certain beverages.
The floor is where the Training Matters
The accreditation of employees is vital however it doesn’t automatically determine how a venue worked during a specific shift.
Investigations can determine whether or not the employees are properly trained, if they understand the intervention procedures and if the managers have enhanced policies.
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 qualifications show that he holds 112 seller server certificates that cover 48 states, plus the District of Columbia.
The combination of both will allow him to analyze the level of training employees received and their operational decision-making. Bartenders for instance may be able recognize a behavior that is concerning but may not be given clear guidelines on how to report it or how to contact management. In the end, the level of supervision equally important as the employee’s behavior.
Insurance investigations might ask similar inquiries.
Expert witness witnesses for liquor liability often is able to address the same operational concerns for coverage counsel, insurers, and defense attorneys. Although the terminology used may differ, the examination is still focused on the alcohol service, employee behavior supervision of management, as well as training.
An in-depth review can include incident reports and written policies. This could also include video recordings employees’ schedules, employee timetables or certificates. It is not the job of the expert to endorse the entity that they are retained by. It’s to clarify the reasons for their findings as well as identify pertinent industry practices and recognize the limitations that are significant.
The experience of the past helps explain the rationale that are behind the documents
Rideout has been a witness in alcohol service and hospitality cases in 11 states. He has acted as a witness for plaintiffs as well as defense lawyers.
His study includes restaurants, bars and nightclubs along with casinos, resorts, hotels and other hospitality settings which serve alcohol on a daily basis. Every environment faces its own specific management and staffing issues.
A bartender who works in a restaurant’s dining area may be better able to look over customers than an employee of a counter service at a nightclub. Knowing the difference will enable you to place evidence in its proper context.
A Credible Opinion isn’t able to fill Gaps With Assumptions
Dram shop laws differ depending on region, and operational expert testimony is not to be confused with a legal determination of the responsibility. The most robust analyses clarify the actions of employees and the types of service practices required. They also provide conclusion that can be made from the data.
Sometimes, the records reveal that a deviance occurred from the prescribed procedure. Sometimes, the records reveal that employees followed proper procedures or left important questions unanswered.
This distinction is essential for attorneys who are evaluating claims involving alcohol. An expert opinion is more than a narrative of the event. It allows the judge to be aware of what was happening in the premises even before the evening was over.