Every nightclub should have trained bartenders and written alcohol guidelines. They should also have an experienced manager for each shift. The security measures may appear reassuring in a handbook of employees.
Imagine a Saturday night where several bartenders are serving the same crowd. A floor manager has to deal with an issue, and patrons are ordering drinks from several locations. Who is responsible for recognizing that a person shouldn’t be served alcohol?
In the context of litigation involving dram shops, that question can be more important than determining how many drinks were sold.
Overservice Investigations Begin With What Staff could be seeing
A Dram Shop expert witness examines whether alcohol-related decisions were consistent with the accepted industry norms and the circumstances employees actually faced.
A customer’s eventual intoxication does not by itself show that a bartender spotted obvious warning signs while serving. The investigation should take into account the customer’s behavior, timing of service and employees’ observations.
Surveillance video may reveal employees interfering with one or with one another, doing unusual moves or having difficulties walking. Witness testimony can provide additional information, but their recollections may differ. It is crucial to distinguish the information that investigators had after an event and what personnel could reasonably have known at the time.
One tab isn’t always the same as One Drinker
Records of sales at the point of sale are helpful however, understanding them requires a lot of experience in the hospitality industry. Customers can purchase several rounds of beer for their friends. Bottle-service transactions could require more than one person. Bartenders who are separate from each other can take orders without being aware that another employee has served the order.
An Alcohol expert witness can examine transaction times, beverage quantities, surveillance recordings, and staffing records to develop a more complete service timeline.
The analysis can identify instances where employees may have acted or detected intoxication. It could also be used to find instances where evidence is not enough to determine who consumed certain beverages.
The importance of training is when it’s on the ground
Certifications for employees are essential but they’re not enough to establish how a venue worked during a specific shift.
Investigations can determine whether or not employees are trained, whether they are aware of the procedures for intervention and if management has implemented policies that have been reinforced.
Preston Rideout brings more than three decades of operational experience in the hospitality industry to his work, which includes bartending, nightclub management and beverage-program consulting.
Professionally, his credentials show that he holds 112 seller-server certificates that cover 48 states, in addition to the District of Columbia.
This combination allows him both to review the training staff received, as well as the operational decisions they had to make. For instance the bartender may be aware of an issue with his behavior, but may not have guidelines for contacting management or recording a refusal of service. Insufficient supervision could therefore become just as important as the individual behavior of the employee.
Insurance investigations could ask similar questions
A Liquor liability specialist witness usually addresses the same operational concerns for coverage counsel as well as insurers as well as defense attorneys. Although the terminology used may differ, the examination is still centered around alcohol service, employee conduct control, management oversight, as well as training.
The thorough review could include incident reports, written policies, video recording, employee schedules and records of certification. It’s not the role of the expert to endorse the party that retains them. It’s about describing what evidence is in support as well as identify pertinent industry practices and recognize the limitations that are significant.
Experience Helps Explain the Decisions that are behind the Records
Rideout has served as an expert witness in alcohol service and hospitality matters in 11 states. He has worked as a witness for plaintiffs as well as defense attorneys.
His research covers bars, nightclubs and hotels in addition to resorts, casinos and other locations in which alcohol is regularly served. Each environment has different issues with staffing and supervision.
A bartender serving a small dining area in a restaurant may be able to observe the customers than employees at a busy nightclub’s service station. Knowing the differences will allow you to put the evidence within the correct context of operation.
A Credible Opinion Can’t Fill the gaps by assuming assumptions.
The laws for a liquor shop vary based on the jurisdiction and expert testimony is not to be confused an official determination of responsibility. The strongest analyses explain the actions of employees and what service practices are required. They also support the conclusions that are able to be made from the data.
Sometimes, the records show deviations from established procedures. In other instances, they show that employees adhered to appropriate methods or left critical questions unanswered.
It is crucial to differentiate between the two when in evaluating claims involving alcohol. An expert opinion is useful and does more than describe the incident. The court will be able to better comprehend the decision-making process in the establishment, even though nobody knew what the final outcome would be.
