Nightclubs can employ bartenders who are trained, have alcohol policies written 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 manual.
Imagine a busy Saturday night, when multiple bartenders serve the same customers. A floor manager has to deal with an issue, and patrons order rounds from multiple places. Who is responsible for determining if somebody shouldn’t have alcohol in the future?
This issue is more relevant in the dram shop litigation process than simply determining the quantity of drinks that are sold.
Overservice Investigations Begin By What Staff could be seeing
A Dram Shop expert witness examines whether the alcohol-related decisions made by employees were in line with recognized industry practices and the circumstances employees actually encountered.
The presence of alcohol in a person doesn’t prove, by itself, that the bartender saw warning signs when serving. The investigation should consider the manner in which the customer behaved, the timing of the service, any observations made by personnel, and any evidence.
Surveillance footage may reveal difficulty walking, strange movements, or even interactions with employees. The testimony of witnesses may provide context to the incident regardless of whether their own memories are different. The most important thing to discern between is what investigators have learned after an incident, and also what staff should have known at that time of the incident.
One Tab Doesn’t mean one drinker
The point-of sale records are useful, but they require a background in hospitality to interpret. A customer can purchase several rounds of beverages for their friends. Multiple people may be involved in an order for bottle service. Separate bartenders might handle orders without knowing what the previous employee did.
An Alcohol expert witness can examine transaction times, beverage quantities, surveillance recordings, and staffing records to develop a more complete service timeline.
The analysis may reveal instances when employees could intervened or identified intoxication. It could also be used to find instances where evidence is not enough to determine who drank certain drinks.
The Floor is where the training takes place.
Employee certifications are important, but they don’t automatically define how a facility performed during a particular shift.
Examining whether the training is current, whether employees are aware of the intervention procedure and if managers reinforce the procedures can form part of an investigation.
Preston Rideout has more than 30 years of experience in the hospitality sector, including bartending and nightclub management. He also offers beverage program consulting.
His professional qualifications also show that he has 112 seller-server certificates covering 48 states, as well as the District of Columbia.
The combination of the two lets him examine the education that employees received as well as their actual decision-making. For instance the bartender may be aware of the problem but have no clear direction about contacting management or documenting a refusal of service. As a result, the degree of supervision is equally important as the employee’s behavior.
The Insurance Investigation May Ask Similar Questions
A Liquor liability specialist witness typically addresses the same operational concerns for insurers and coverage counsel as well as defense attorneys. Although the terminology used may differ, the examination is still centered around alcohol service, employee conduct monitoring, management oversight, and training.
A thorough review may include incident reports, written guidelines, video recordings, employee schedules, certification records, and deposition witness testimony. It is not the job of the expert to endorse the entity that they are retained by. The expert’s responsibility is to communicate the results to identify practices in the industry and recognize meaningful limitations.
Experience helps explain the decisions That Drive the Records
Rideout has worked with defendants and plaintiffs in 11 states to testify in hospitality, hospitality and alcohol-related subjects.
His research covers bars, nightclubs and hotels in addition to resorts, casinos and other settings where alcohol is offered on a regular basis. Each place has its own unique requirements for staffing and supervisory management.
A bartender serving a small dining area in a restaurant may have different opportunities to observe customers compared to employees at a busy nightclub service station. Knowing the differences can assist you in placing evidence into its appropriate operational context.
A Credible Opinion Can’t Fill gaps with assumptions.
Dram-shop laws are different in each state. Operational expert testimony is not the same as a legal determination. The strongest analyses explain the actions of employees and what practices for service are required. They also support the conclusion that is drawn from the evidence.
Sometimes, the documents reveal the absence of established procedures. Sometimes, the records show that employees adhered to appropriate methods or left critical questions unanswered.
In the case of attorneys who evaluate alcohol-related claims this distinction is critical. A reliable expert opinion can do more than simply describe the incident. It helps the court be aware of what was happening in the establishment prior to the evening was over.
