The receipt of a restaurant reveals that the customer ordered a number of alcoholic drinks. A few hours later, the customer is involved in a serious traffic accident. The receipt is crucial to attorneys investigating potential liability for dram shops. It does not have to show that the restaurant served a clearly intoxicated customer or that employees did not comply with the appropriate procedures. What transpired between drink orders might be more important.
Understanding this sequence requires studying alcohol service as an actual hospitality service, not just taking note of the number of drinks consumed after an incident.
Receipts are proof of a sale not the status of the customer
Records at the point of sale can show when transactions took place, which beverages have been purchased and the costs put on a bill.
The receipt won’t reveal what the customer’s actions were when the beverage was ordered. The receipt may not reveal the individual who drank each drink even if the drinks were shared, and how the bartender was observing.
An experienced Expert Witness can help attorneys interpret these records alongside surveillance footage, employee statements, and other available evidence. It is crucial to decipher the order of service, without thinking that every purchase will be the entire story.
What can employees observe in reality?
In many disputes over alcohol service, the most important question is whether the staff had any reason to suspect that a client was drunk. The relevant observations might include diminished coordination, atypical speaking or speech patterns, difficulties maintaining equilibrium or any noticeable changes in behavior.
However, these indicators require contextualization. A single act recorded on surveillance footage may have a reason that isn’t related to alcohol consumption. Investigators should also take into consideration camera angles, recording quality position of employees and if the behavior might have been seen by staff members.
Preston Rideout has experience as manager of a nightclub Bar manager director of bar operations, and bartender. His operational experience helps him link recorded evidence to the responsibilities and limitations of those who work in busy hospitality environments.
Written Training Doesn’t Always Describe Real Practice
The majority of alcohol-related investigations revolve around inquiries about preparation of employees. Does the establishment provide the seller-servers training for its employees? Did the establishment educate employees to identify signs of intoxication? Did management provide how to refuse additional service?
These are the questions that form the basis of Responsible alcohol service, but studying training certificates alone will not answer them.
The venue may have policies in place, but fails to enforce them consistently. Employees could have followed the accepted standards of service even if the final outcome was tragic.
A review of the operational aspects include documentation for training, testimonies from employees as well as management oversight and the actions that were documented in the event. The difference between a policy’s existence and its implementation could be significant for both defense and plaintiff counsel.
Timeline often reveals crucial questions
Imagine a customer who is served by multiple bartenders the same time in an evening of high activity. The first employee might have seen a typical behavior. Following a shift change, another bartender could serve a different drink. The manager may have intervened afterward.
The decision-making process could be seen as unending service, when the timeline isn’t rebuilt. Retrospectively reviewing transactions records, staffing schedules as well as surveillance footage and incident reports can assist in determining who knew what and when. It’s better to find out whether there’s missing documents or footage rather than speculating.
Lawful Liability and Industry Practice are Different Questions
Hospitality professionals are able to explain the recognized operating practices of a venue and determine if its conduct is in accordance with these rules.
These laws do not replace the ability of a judge to determine legal responsibility. The laws governing alcohol shops differ from state-to-state as do the rules in which they are legally sued.
Rideout Hospitality Consulting assists plaintiff and defendant attorneys across the country through case review, analysis of operations, writing opinions, and depositions. Its work includes alcohol-service decision-making, staff training, managerial practices, and other related hospitality operations.
The Most Proven Analysis explains what the Evidence Do Not Support
The severity of an alcohol-related accident cannot be a conclusive indicator of the previous circumstances.
Attorneys must be aware of the documents available, the limitations of these records, as well as the way employees were expected to operate under the circumstances.
A hospitality analysis is a thorough way to distinguish assumptions from actual actions and establish whether the host’s practices are in line with accepted standards or not. The courts will then be able to judge the actual events instead of relying solely on the lessons they have learned.