Nightclubs can employ bartenders who have been trained and are able to write alcohol policies down, and have an experienced supervisor at each shift. A handbook for employees contains these policies can be a source of comfort.
Imagine the night of a Saturday that’s packed, with bartenders serving a group of patrons, and the floor manager is dealing with an issue and customers are ordering drinks at various places. Who is accountable to determine when a person is no longer eligible for alcohol?
In a dram shop lawsuit, the question may be more insightful than finding out how many drinks were sold.
Overservice Investigations Begin By What Staff members might see
A Dram Shop expert witness examines whether the alcohol-related decisions made by employees were in line with the accepted industry norms and the actual circumstances employees faced.
The fact that a customer may be drunk does not by itself demonstrate that a bartender saw obvious warning signs while serving. Investigations must take into account what the customer’s behavior was, the timing of the service, any observations made by staff members, and any other evidence.
Surveillance video could have employees engaging with each with each other, performing strange movements or having trouble walking. The testimony of witnesses could give context to the event regardless of whether their own memories are differing. It is essential to differentiate between what investigators knew after an event and what staff members could reasonably have known in the moment.
One tab isn’t always the same as One Drink
The points-of-sale records are helpful, but they require experience with hospitality to read. A customer can buy several glasses of beer for friends. Bottle-service transactions can involve more than one person. Bartenders who are separate from each other can take orders without being aware that another employee was serving the order.
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 will reveal instances when employees could have intervened, or recognized that they were intoxicated. The analysis may also indicate that there isn’t enough evidence to establish the person who consumed an alcohol drink.
The Floor is where Training Matters.
The certifications of employees are vital but they’re not enough to determine how a place worked during a specific shift.
Checking if the training program is up-to-date, whether employees understand intervention procedures and whether managers have a strong understanding of the guidelines can be a part of an investigation.
Preston Rideout brings approximately three decades of hospitality operations experience to this work, including bartending, nightclub management, and beverage-program consulting.
Professionally, his credentials show that he holds 112 seller server certificates that cover 48 states, as well as the District of Columbia.
The combination allows him to examine both the training employees received and the decisions they had to make. For example, a bartender may be able to spot a problem but not know how to contact management or report a denial of services. Insufficient supervision could consequently be as significant as the individual employee’s actions.
Insurance investigations might ask similar questions.
A witness from the Liquor liability specialist frequently is able to address the same operational issues for coverage counsel as well as insurers as well as defense attorneys. Although the language may vary however, the fundamental issue that is being investigated concerns alcohol service and staff conduct.
A thorough review could include incidents reports as well as written policies. This could also include video recordings, employee schedules or certification documents. It is not the job of the expert to automatically approve the company that employs them. It’s to describe the evidence that supports it and to identify industry practices that are relevant, and acknowledge meaningful limitations.
Experience can help explain the decision-making Behind the Records
Rideout has testified in alcohol-service and hospitality matters in 11 states, and has worked with both plaintiff and defense counsel.
His study focuses on bars nightclubs, restaurants resorts, casinos, and other venues where alcohol service is part of the daily operation. Each setting has its own requirements for staffing and supervisory management.
The bartender who works in a small dining room at a restaurant may have different opportunities to observe patrons than a nightclub worker who works at a busy service station. Knowing the differences can assist you in placing evidence into its appropriate operational context.
A Credible Opinion Can’t Fill the gaps by assuming assumptions.
The laws for a dram shop differ in every jurisdiction. Expert testimony from an operational expert is not the same as a legal decision. The most comprehensive analyses provide a clear explanation of what employees did and what service practices are required. They also provide conclusions that can be reasonably made from the data.
Sometimes, records reveal a deviation from standard procedures. They could also reveal that the employee followed proper guidelines or failed to answer crucial questions.
If lawyers are evaluating claims related to alcohol, that distinction matters. A professional opinion is more than a description of the event. It allows the court to know what was going on inside the establishment prior to the time of the night was over.