A receipt at an eatery shows a patron having a drink or two. After a few hours, the same customer is involved with a serious accident. An attorney examining potential liability for dram shops the receipt will be relevant. However, it isn’t a guarantee whether the restaurant served an intoxicated customer or if employees failed to follow the correct procedures. It’s possible that the evidence is more persuasive if you look at the actions that took place between drinks.
To understand this sequence, it is important to look at alcohol service as a hospitality operation, not only counting drinks after a party.
Receipts are proof of a sale but not the state of a client
The point-of-sale record is used to identify the date the transaction occurred, what beverages were purchased and what charges are assigned to the tab.
But, receipts generally does not reveal how a person was acting when a drink was served. It’s not always clear who drank each beverage or whether the drinks were shared, or what the bartender was watching.
An expert witness with experience will help lawyers interpret the records and also the video surveillance, witness testimony of employees, and any other evidence. The objective is to reconstruct service sequences without believing that each purchase is all the story.
What could employees actually observe?
The central question in most disputes over alcohol-related service is whether staff members had the basis to conclude that the patron was intoxicated. The relevant indicators could include impaired coordination, speech that is unusual difficulties, balance issues or a noticeable change in behavior.
Yet these indicators require some context. The actions recorded on video surveillance might not be related to alcohol. Investigators should also be aware of the camera’s angle, quality of the recording the position of the employee, as well as the degree to which an incident was evident to the staff.
Preston Rideout brings experience as a bartender, bar manager, nightclub general manager, and director of bar operations to these evaluations. His operational background allows him to connect recorded evidence and the responsibilities of workers in busy hospitality environments.
Written Training Doesn’t Always Describe Real Practice
The majority of alcohol-related investigations are based on questions about employee preparation. Does the establishment offer employee training in the area of seller-server? Did employees receive training on recognizing the signs of intoxication? Did management outline procedures for refusing additional service?
These are the questions that form the basis of responsible alcohol services, however reviewing training certificates alone may not provide the answers.
It is possible for a venue to have policies that are detailed, but not be able to consistently follow them. In the opposite situation, an employee may have followed service standards even if the incident was tragic.
A look at the operational aspects of the policy includes the training materials, testimonies of employees supervision by management and actions that were documented in the event. Both defense and plaintiff attorneys can benefit from a distinction between the presence of an actual policy and its implementation.
Timeline can help answer important questions
Take a look at a client served by several bartenders at the same time during a busy time. The first bartender may have observed ordinary behavior. Following a shift change, a second employee may serve a second drink. A manager might have intervened afterward.
If you don’t reconstruct the timeline the decisions could appear to be a single action of service. In reviewing transaction records, staffing plans, video surveillance and incident reports It can be useful to determine the person who knew what and at what time. It is better to identify any missing footage or uncomplete records than to rely on speculative speculation.
Legal Liability and the Practice of Industry are two different questions
Professionals in hospitality can provide explanations and assess whether a place is operating in accordance with recognized procedures.
They are not a substitute for the courts’ responsibility to determine the legal responsibility. The laws for liquor shops differ between states, and also the conditions in which alcohol sellers could be subject to civil lawsuits.
Rideout Hospitality Consulting supports plaintiff and defense lawyers throughout the world by conducting case review, operational analysis, depositions, written opinion and trial testimony. The work of the company focuses on alcohol-related decision-making as well as staff training, management practices, and other hospitality-related operations.
The strongest analysis accounts for what the Evidence Cannot Show
The seriousness of an alcohol-related incident is not able to be a conclusive indicator of the previous circumstances.
The attorney must be aware of the available records along with their limitations, as well as the expectations for employees in the circumstances.
An in-depth analysis of hospitality will separate documented actions from the assumed behavior and identify which practices of the place differ from the norms. This helps courts determine what actually transpired rather than solely relying on what was revealed later on.