Nightclubs can include bartenders with training and alcohol policies written down and a knowledgeable manager at every shift. These security measures could be reassuring when they are included in an employee’s manual.
Imagine a crowded Saturday night with several bartenders serve the same customers. The floor manager has to handle the issue, and customers take orders from a variety of places. Who is responsible for determining if somebody shouldn’t have alcohol at all?
In the context of litigation involving dram shops, this question could be more informative than knowing how many bottles were sold.
Overservice investigations begin with what Staff could be seeing
A Dram Shop expert witness examines whether alcohol-service decisions were consistent with recognized industry practices and the circumstances employees actually encountered.
The presence of alcohol isn’t enough to show that the bartender knew of the warning indicators. The investigation should look at the behavior of the customer, the service timing, and the bartender’s observations.
Surveillance footage may reveal difficulty walking, odd movements or even interactions with employees. Witness statements can provide additional context, although recollections may differ. It is essential to differentiate between what investigators learned after an event and what personnel could reasonably have known at the time.
One Tab isn’t a necessity. One Drinker
Interpreting point-of-sale reports requires experience in hospitality. A customer can buy several glasses of beer for friends. A bottle-service purchase could involve several people. Bartenders can process orders in separate locations without being aware that another employee served the order.
Alcohol experts can look over the timings of transactions, alcohol consumption as well as video surveillance and the staffing records to develop a comprehensive timeline.
This investigation could reveal times where employees were able to intervene or acknowledge that they were drinking. It can also reveal where the evidence is not sufficient to determine who had consumed specific beverages.
The Floor is where the Training Matters
The certification of employees is important but it cannot necessarily determine how a place worked during a specific shift.
Examining whether the training is current, whether employees are aware of intervention procedures, and if managers are able to reinforce policies can be part of an investigation.
Preston Rideout is a hospitality expert with over three decades of experience. This includes bartending, management and drink-program consulting.
The professional credentials of his work also indicate that he has 112 seller-server certificates for 48 states and the District of Columbia.
The combination of both will allow him to analyze the level of training employees received and their operational decision-making. For example Bartenders may recognize the problem but have no clear directions on how to communicate with management or reporting a refusal of service. Therefore, it is essential to consider the supervisor’s ability to manage.
The Insurance Investigation May Ask Similar Questions
A witness from the Liquor liability specialist frequently is able to address the same operational issues for coverage counsel and insurers as well as defense attorneys. Although the language may vary the main issue in all cases is the alcohol service and staff behavior.
The detailed review could comprise incidents reports, as well as written policies, video recordings schedules for employees, and certification records. It’s not the role of the expert to automatically approve the company that employs them. It’s about describing the reasons for their findings as well as identify pertinent industry practices and recognize the limitations that are significant.
Experience is the reason for the decisions behind the Records
Rideout has been a witness in alcohol-related service and hospitality cases in 11 states. He has acted for both the plaintiff and defense attorneys.
His analysis addresses bars, restaurants, nightclubs, hotels resorts, casinos, and other hospitality establishments where alcohol-related services are a component of the day-to-day operations. Every setting presents its own distinct organizational structures and supervisory issues.
A bartender in a small dining room in a restaurant could have a different opportunity to observe the customers than employees at a busy nightclub’s service station. Knowing the differences can help place the data in its proper context.
The credibility of opinions doesn’t fill in gaps using assumptions
Dram shop laws vary by jurisdiction, and operational expert testimony cannot be confused with a legal determination of liability. The most accurate analysis will reveal the actions of employees, which recognized service practices were needed, and what conclusions are based on the evidence.
Sometimes, documents show the fact that a change has been made from the accepted procedure. They may also show that an employee adhered to the proper guidelines or failed to answer key questions.
This distinction is crucial for lawyers who have to evaluate the validity of claims that involve alcohol. An expert opinion is more than a description of the event. It helps the court understand the decisions made within the establishment before anyone knew how the night would end.
