A nightclub may have trained bartenders and alcohol policies written down and a knowledgeable manager on every shift. These security measures could be reassuring when they are included in a manual for employees.

Imagine a busy Saturday night when several bartenders are serving the same patrons or a floor manager handling a disturbance, and customers are ordering drinks from various locations. Who is accountable for recognizing when someone should no longer receive alcohol?

In a dram shop lawsuit, this issue can be more revealing than simply knowing how many bottles were sold.

In the beginning, employees will be able recognize signs of an investigation into possible overservice.

Dram Shop expert witnesses examine whether the alcohol-service decisions were in line with the accepted industry standard and the actual conditions that employees faced.

Intoxication alone is not enough to prove that a bartender knew of the warning signs. The investigation should take into account the behavior of the customer, the time of service, and the observations of staff.

Surveillance videos may have employees engaging with each with each other, performing strange movements or having trouble walking. The testimony of witnesses can give additional background, however their perceptions may differ. What is most important to discern between is what investigators have learned after an incident, and what the staff should have known at that time.

One tab isn’t always the same as One Drink

The record of the sale at the point-of-sale are useful, but they need experience in hospitality to interpret. A customer might purchase several rounds of drinks for their buddies. Bottle-service transactions can include more than one individual. Separate bartenders may handle orders without knowing what the previous employee did.

An Alcohol expert witness can examine the time of transactions, beverages consumed in surveillance footage, as well the staffing record to determine more comprehensive service timelines.

This analysis may identify moments where employees were able to recognize intoxication or intervene. It is also a way to determine situations in which the evidence is not sufficient to determine who drank certain drinks.

The importance of training is when it’s on the ground

The certification of employees is vital but it cannot necessarily determine how a place worked during a specific shift.

Investigating whether the training is up-to-date, whether employees are aware of intervention procedures, and if managers reinforce the procedures can form part of the investigation.

Preston Rideout has more than 30 years experience working in the hospitality industry, which includes bartending as well as nightclub management. He also provides drink program consultation.

Professionally, his credentials show that he has 112 seller-server certificates for 48 states in addition to the District of Columbia.

That combination allows him to examine both the training employees received and the operational choices they had to make. Bartenders, for instance could be able to spot a pattern that is alarming, but they may not have clear directions regarding how to report it, or even how to reach management. Insufficient supervision could therefore become just as important as the employee’s individual actions.

The Insurance Investigation May Ask Similar Questions

A Liquor liability expert witness frequently addresses the same operational issues for insurers, coverage counsel, and defense attorneys. Even though the language could differ however, the fundamental issue that is being investigated concerns the conduct of staff and alcohol service.

An exhaustive review can include incidents reports, written policies and procedures, videos, employee schedules, certification records, and deposition testimony. It is not the responsibility of the expert to endorse the party that retains them. The expert must explain what the data supports, describe pertinent practices within the industry, and acknowledge any limitations.

Experience Helps Explain the Decisions Behind the Records

Rideout has testified in alcohol-service and hospitality cases across eleven states, working with both plaintiff and defense counsel.

His research focuses on bars, nightclubs, restaurants, hotels resorts, casinos, and other hospitality establishments where alcohol service is part of the daily operation. Each place has different management structures and supervisory problems.

A bartender in a small restaurant’s dining area might have more opportunities to look over customers than an employee at a counter serving drinks in a nightclub. Knowing these differences will help put the evidence into the proper context of operation.

A Credible Opinion isn’t able to fill The gaps by making assumptions.

The laws governing a shop’s ramifications differ by the jurisdiction and expert testimony should not be confused with an official determination of the responsibility. The most thorough analysis will explain the actions of employees and what the accepted service practices required, and what conclusions the evidence supports.

Sometimes, the documents reveal an infraction to established procedures. Others records indicate that employees did not adhere to the correct procedures or left crucial questions unanswered.

It is crucial to differentiate between these two when lawyers are looking at alcohol-related claims. A reliable expert opinion can do more than describe the incident. It allows the court to be aware of what was happening in the establishment prior to the time of the night was over.