The receipt of a dining establishment shows that the customer ordered a number of alcohol-based drinks. Hours later, that customer is involved in a fatal traffic collision. In the case of an attorney looking into potential Dram shop liability, the receipt is relevant. It isn’t a guarantee that the restaurant served a customer who clearly drunk, or in the event that employees didn’t adhere to procedures. The more revealing evidence may be what transpired between those drink orders.
In order to understand this sequence it is crucial to understand the alcohol service as a hospitality procedure and not simply count beverages following an event.
A receipt records a sale not the status of a customer
Records from the point of sale may reveal when transactions occurred, what beverages were purchased and the costs applied to a bill.
But, receipts generally will not show how a client behaved when a drink was served. It’s not always clear who was drinking each drink, whether drinks were shared, or what a bartender observed.
An expert witness can assist attorneys in interpreting these documents in conjunction with video surveillance and employee statements. It is vital to retrace the entire sequence of services without presuming that every purchase tells the complete story.
What are the things employees can actually observe?
In a number of disputes concerning alcohol services, the main issue is whether staff was able to establish that a person was drunk. Some of the signs that could be relevant are speech or coordination issues, difficulties maintaining balance or changes in behavior.
But these indicators do require the context of. A single act recorded on surveillance footage may be explained in a way that is not related to alcohol consumption. Investigators should also look at how the recording is done as well as the positions of employees and camera angles.
Preston Rideout brings experience as a bartender, bar manager, nightclub general manager, and director of bar operations to these evaluations. The operational knowledge he has gained helps him link recorded evidence to the responsibilities and limitations of staff who work in hectic hospitality environments.
Written Training Doesn’t Always Describe Real Practice
In the majority of investigations involving alcohol the questions revolve around the worker’s preparation. Does the establishment offer seller-server training to its employees? Did employees learn to spot potential signs of alcohol intoxication? Has management explained to employees the process to deny service?
While these are questions that are vital for the Responsible Alcohol Service, reviewing only the training certificates may not be enough to address them.
The place may have guidelines in place but fail to follow them consistently. In the other case an employee might be following the standards of service, even if the incident was tragic.
An operational review considers documents for training, testimony from employees, management oversight, and the actions documented during the incident. It is essential for lawyers representing defense and plaintiffs to recognize the difference between the existence of a policy and its application.
Timeline often reveals crucial questions
Imagine a customer being served drinks by various bartenders at a busy time. It is possible that the first employee noticed a regular manner of conduct. Following a shift change an additional employee could have served a drink. A manager could intervene later.
The decision-making process could be seen as continuous services when the timeline isn’t rebuilt. Examining the transactions records, staffing schedules surveillance footage, incident reports all together will assist in determining who knew what and when. Incomplete or missing footage are also to be noted instead of being re-used with speculation.
Lawful Liability and Industry Practice are Different Issues
Experts in hospitality can define the operating standards of a place and assess whether the conduct of the venue is conforming to these guidelines.
The laws are not meant to replace a court’s ability to determine the legal obligation. The laws governing alcohol shops differ from state to state and so do the terms under which they may be legally sued.
Rideout Hospitality Consulting supports plaintiff and defense attorneys nationwide through case reviews operational analysis, depositions, writing opinions, as well as trial testimony. Its activities include alcohol-related decisions, staff training, managerial practices, and any other hospitality-related operations that are relevant.
The Strongest Analysis Accounts for What the Evidence Cannot Show
An incident involving alcohol could have devastating consequences, but the severity of the incident cannot establish every earlier fact.
The attorney must know the available records as well as their limitations and the expectations of employees in the conditions.
A thorough analysis of hospitality separates documented actions from assumptions and helps identify where the venue’s practices matched up with or diverged from accepted standards. That distinction helps courts evaluate the actual events instead of relying on what became known in the aftermath.