Nightclubs can employ bartenders who have been trained and are able to write alcohol policies down, and have an experienced supervisor at each shift. The security measures may appear at times as reassuring if they are included in an employee’s manual.
Imagine a jam-packed Saturday night where several bartenders are serving the same patrons and a floor manager is taking care of a disturbance, while customers are ordering drinks from various locations. Who is accountable to know when a person is no longer a candidate for alcohol?
This question can reveal more about a dram shop lawsuit than simply determining how many drinks were sold.
The first step in investigating overservice is to see what the staff members could be seeing
Dram Shop expert witnesses examine whether alcohol-service decision were consistent with industry standards and the actual situations employees encountered.
The fact that a customer may be drunk does not, by itself, demonstrate that a bartender saw visible warning signs throughout service. The investigation must consider the behavior of the customer, the time of service, and employees’ observations.
Surveillance footage may expose a person’s inability to walk, unusual actions, or even interactions with employees. Statements from witnesses can provide additional details, though their memories may differ. It is important to distinguish between what investigators learned following an incident and what staff members could have reasonably known at the time.
One Tab isn’t a necessity. One Drink
Understanding the reports at point of sale requires years of knowledge of hospitality. One customer could purchase many rounds of drinks for friends. Bottle-service transactions could involve more than one person. Separate bartenders may process orders without recognizing that a different employee is serving the order.
A Alcohol expert witness will examine transaction times, beverage quantities as well as surveillance records and staffing records to develop an accurate timeline for service.
This analysis may identify moments where employees were able to spot intoxication or intervene. It can also be used to pinpoint situations where evidence isn’t sufficient to determine who drank certain beverages.
The Floor is where the Training Matters
Although certifications of employees are crucial but they do not always reflect how an establishment operated during a certain shift.
Investigations can determine whether or not the employees are adequately trained, whether they understand the intervention procedures and if management has strengthened policies.
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 for 48 states and the District of Columbia.
This combination allows him both to examine the training employees received as well as the operational decisions that they faced. Bartenders for instance could be able to spot a pattern that is troubling, but not have clear instructions on how to report it or how to contact management. As a result, the degree of supervision is equally important as the employee’s actions.
Insurance investigations may ask similar inquiries.
Expert witnesses in Liquor Liability typically discuss the same operational concerns for insurance companies attorneys, coverage counsel, and defense attorneys. Though the language might differ the main issue in all cases is alcohol service and staff conduct.
The thorough review could include incidents reports, as well as written policies, video recordings employee schedules, documents for certification. It is not the responsibility of an expert to automatically appoint the party that retains them. The expert should explain why the evidence supports, identify relevant practices in the business and recognize any limitations.
Experience explains the reasoning behind the records
Rideout has been an expert witness in alcohol service and hospitality cases across 11 states. He has worked as a witness for plaintiffs as well as defense attorneys.
The analysis focuses on bars, restaurants, nightclubs, hotels resorts, casinos, and other hospitality establishments that have alcohol services as part of the day-to-day operations. Each setting is unique in terms of staffing requirements and management challenges.
A bartender in a restaurant’s dining room might have a better opportunity to observe customers more than a staff member at a counter serving drinks in a nightclub. Understanding the differences will help you place evidence in its appropriate operational context.
A Credible Opinion Doesn’t Fill the gaps by assuming assumptions.
Dram shop laws are different according to jurisdiction. Expert statements from operational experts should not be mistaken for a legal decision. The strongest analyses explain the actions of employees and what service practices are needed. They also provide conclusion that can be made from the data.
Sometimes, the records show deviations from standard procedures. Some records reveal that employees did not follow the right procedures or left crucial questions unanswered.
It is vital to differentiate between these two types of lawyers when to evaluate alcohol-related lawsuits. A useful expert opinion does more than merely describe the situation. The court will better understand how decisions were made within the institution, even if nobody knew what the outcome would be.
