Bartenders in nightclubs possess a formal education, have alcohol policies written down, and an experienced manager on every shift. They can appear as at times as reassuring if they are included in a manual for employees.
Imagine a busy Saturday night, when multiple bartenders service the same patrons. A floor manager has to handle an issue, and patrons purchase drinks from multiple locations. Who is responsible for determining if an individual shouldn’t drink in the future?
This question is more telling when it comes to dram shop litigation than merely determining the number of drinks being sold.
To begin with, staff are able to recognize the indications of a possible overservice investigation.
A Dram Shop expert witness examines whether alcohol-service decisions were consistent with recognized industry practices and the circumstances employees actually encountered.
A customer’s intoxication is not proof, by itself that the bartender was aware of warning signs when serving. The investigation should take into account the customer’s behavior, the timing of service, employee observations, and available evidence.
Surveillance video may have employees engaging with each with each other, performing strange movements or having difficulty walking. Statements from witnesses may provide more context, though recollections can differ. The most important distinction is what the investigators learn after an incident and what staff reasonably could have known in the moment.
One Tab Doesn’t mean one drinker
The records at the point of sale can be useful, however they require a background in hospitality to understand. A single person could buy many rounds of drinks for friends. Bottle-service transactions can be performed by more than one person. Separate bartenders could handle orders without knowing what another employee previously served.
Alcohol experts can look over time of transactions, quantities of alcohol consumed video surveillance, as well as the records of staffing in order to create a complete timeline.
The analysis can reveal instances when employees could have intervened or recognized intoxication. It is also a way to determine situations in which the evidence is not enough to determine who drank certain drinks.
Training Matters Only When It is completed on the floor.
While employee certificates are important but they do not always reflect how an establishment operated during a certain shift.
An investigation could examine whether training was in order, whether employees knew the correct procedures for intervention and whether the managers emphasized the establishment’s policies.
Preston Rideout is a seasoned hospitality professional with more than three decades of expertise. This includes bartending, management and consultation on beverage-related programs.
He also has 112 seller-server certifications that cover 48 states as well as the District of Columbia, according to his professional qualifications.
This combination allows him review the training his employees received and the operational decisions they made. Bartenders, as an example might be able recognize a behavior that is troubling, but not be given clear guidelines regarding how to report it, or even how to reach management. Therefore, the level of supervision just as important as an employee’s behavior.
The Insurance Investigation May Ask Similar Questions
A expert witness in Liquor Liability typically is able to address the same operational concerns for coverage counsel, insurers defense lawyers, and coverage counsel. Though the language might differ however, the fundamental issue that is being investigated concerns alcohol service and staff conduct.
A thorough examination could include incident reports, written guidelines and procedures, videos and employee schedules. It could also include certification records, and deposition testimony. Experts’ role is not to imply that the company is in the process of retaining them. It’s to clarify what evidence is in support, identify relevant industry practices and accept the significance of limitations.
Experience helps explain the decisions that are behind the Records
Rideout has partnered with plaintiffs and defendants across 11 states in the past to testify on hospitality, alcohol-related and other matters.
His study covers bars, nightclubs, hotels and other establishments in addition to resorts, casinos, and other venues where alcohol is regularly served. Each environment is unique in terms staffing and supervision challenges.
The bartender who works in a small dining room at an eatery may have different opportunities to observe customers compared to a nightclub employee who works at a busy service station. Understanding the differences will help you place evidence in the right operational context.
The credibility of a person’s opinion isn’t filled with assumptions
The laws for a liquor shop vary based on the jurisdiction and expert testimony should not be confused with the legality of determining liability. The most robust analyses clarify the actions of employees and what practices for service are required. They also support the conclusions that are able to be made from the data.
Sometimes, records show that a deviance occurred from the prescribed procedure. In other cases, they prove that employees followed the appropriate practices or leave important questions unanswered.
It is crucial to differentiate between these two when lawyers are in evaluating claims involving alcohol. A good expert opinion does more than simply describe the incident. It helps the court understand the decision-making process inside the establishment prior to knowing the outcome of the night.
