Nightclubs can be equipped with bartenders who are trained with written alcohol policy, as well as a skilled manager on every shift. They can appear as reassuring when they are included in an employee’s manual.
Imagine a bustling Saturday night where several bartenders serve the same group. The floor manager has to handle a disruption, and customers order rounds from multiple places. Who will decide when someone should no longer receive alcohol?
This issue is more relevant in the dram shop litigation process than simply determining the quantity of drinks that are sold.
For starters, staff may be able to spot the signs of an investigation for overservice.
A Dram Shop expert witness examines whether alcohol-service decisions were consistent with recognized industry practices and the circumstances employees actually encountered.
A person’s intoxication may not, by itself, demonstrate that a bartender saw distinct warning signs in the course of service. The investigation needs to consider the behavior of the customer and the timing of service, staff observations and evidence available.
Surveillance footage could expose a person’s inability to walk, strange actions, or even interactions with employees. Witnesses’ testimony can provide context to the incident even though their recollections may be different. It is important to distinguish between what the investigators were aware of about an incident, and what staff members could have reasonably recognized in the moment.
One Tab Doesn’t mean one drinker
The records at the point of sale are useful, but they need experience in hospitality to read. A customer might purchase several rounds of drinks for their friends. A bottle-service transaction could involve multiple people. Bartenders may process different orders without knowing about the previous order of a different employee.
An Alcohol expert witness can review the duration of transactions, alcohol consumption in surveillance footage, as well staffing records to create an accurate timeline for service.
The analysis could reveal moments when employees had an opportunity to detect intoxication and intervene. The analysis could also reveal where there is not enough evidence to pinpoint the individual who consumed a particular drink.
It is important to train only when it reaches the floor
While employee certificates are important but they may not show how an organization operated during a specific shift.
The investigation could determine whether or not the employees are trained, whether they know the correct intervention procedure, and if managers have implemented policies that have been reinforced.
Preston Rideout has over 30 years experience working in the hospitality industry, including bartending as well as nightclub management. He also provides beverage program consulting.
The professional credentials of his work also indicate that he holds 112 seller server certificates for 48 states and the District of Columbia.
The combination of these two will allow him to analyze the education that employees were given and their practical choices. Bartenders, for example could be able to spot a pattern that is concerning but may not have clear directions on how to report the incident or reach management. This means that the degree of supervision is equally important as the employee’s actions.
Insurance Investigations may ask similar Questions
A specialist witness in Liquor Liability typically is able to address the same operational issues for insurers and coverage counsel as well as defense attorneys. The terminology might differ however the core investigation still concerns alcohol service, staff conduct training, as well as supervision by management.
A thorough review could include incident reports and written policies. They could also comprise videos, employee schedules or certification records. It’s not the expert’s job to support those who want them. It is to explain the evidence that supports it and to identify industry practices that are relevant, and acknowledge meaningful limitations.
Experience explains the reasons that led to the records
Rideout has served as an expert witness in alcohol service and hospitality cases in 11 states. He has acted on behalf of both plaintiffs and defense attorneys.
The analysis he provides includes bars, nightclubs and hotels and resorts, as well as casinos and other places where alcohol is frequently served. Each environment is unique in terms of staffing and issues with supervision.
A bartender working in a tiny dining area in a restaurant may have a different opportunity to observe customers than employees working at a bustling nightclub’s service station. Understanding the differences will enable you to place evidence in the proper operational context.
A Credible Opinion Can’t Fill the gaps by assuming assumptions.
The laws for a liquor shop differ based on the jurisdiction in which they are located. Expert statements from operational experts cannot be interpreted as an official decision. The most thorough analysis will explain what employees did and what the accepted service practices called for, and which conclusions the evidence is able to back.
Sometimes, records reveal a deviation from established procedures. They may also show that the employee followed proper methods or did not respond to key questions.
When lawyers evaluate claims involving alcohol the distinction is crucial. A professional opinion is more than a summary of the event. The court will better understand the decisions made in the establishment, even if no one knew what the final outcome would be.