The receipt of a restaurant reveals that the customer ordered a number of alcoholic drinks. The next day, that person is involved in a serious traffic accident. For an attorney investigating potential Dram shop liability the receipt can be used as evidence. It’s not a sure way to determine if the restaurant served a customer who clearly drunk, or whether employees were not following the rules. It’s possible that the evidence is more compelling when you consider what transpired between drink orders.
Understanding the sequence of events requires looking at the alcohol industry as a hospitality operation, not simply counting beverages after an incident.
A receipt is a record of a transaction, it is not a condition for the customer
Records at the point-of-sale can show the time and date of transactions, the beverages were purchased, and the method of assigning charges to the tab.
A receipt is not able to reveal how a client behaved when served drinks. It’s sometimes difficult to establish who drank the drink, particularly if they were shared, or what the bartender noticed.
An experienced Expert Witness can help attorneys interpret these records alongside surveillance footage, employee statements, and other available evidence. It is vital to retrace the process of service, but not assuming every purchase will tell the complete story.
What do employees really observe?
The most important issue in alcohol-related disputes is whether the staff had the basis to conclude that the client was drunk. Relevant observations might include impaired coordination, unusual speech difficulties, balance issues or observable changes in behavior.
These indicators need contextualization. The actions filmed on video surveillance may not be a direct result of drinking. Investigators also need to consider the quality of the recording as well as the positions of employees and camera angles.
Preston Rideout brings experience as Bar manager, bartender general manager of nightclubs, director of bar operations to these evaluations. The operational knowledge he has gained helps him link recorded evidence to the duties and limitations of employees who work in hectic hospitality environments.
Written Training Doesn’t Always Describe Real Practice
A majority of alcohol-related investigation investigations ask concerns about the preparation of employees. Did you receive any instruction for the server-sellers? Did employees be taught to recognize possible intoxication? Did management provide how to refuse additional service?
These are crucial to responsible alcohol services, however reviewing training certificates alone may not provide the answers.
A venue might maintain detailed policies but never implement them consistently. In contrast, an employee may be following the standards of service, even if it was not a good thing.
A thorough review of operational aspects includes documents for training, employee testimony, management oversight and actions documented during an incident. Plaintiffs as well as defense attorneys are able to benefit from a distinction between the presence of the policy and its actual implementation.
Timeline often reveals crucial questions
Imagine a customer who is served by several bartenders the same time on the course of a busy evening. The bartender who was first on the scene may have noticed the normal behavior. A second bartender might serve a different drink following the shift change. Then, a manager could have intervened.
Without reconstructing the timeline these decisions may appear to be one continuous action of service. Reviewing all the data such as transaction records and staffing schedules as well as surveillance footage and the incident report together can help clarify who knew when and what. It’s much better to discover gaps in the footage or records rather than rely on speculative speculation.
Lawful Liability and Industry Practice are Different Questions
Hospitality professionals can explain the recognized operating practices of a facility and decide whether the conduct of the venue is conforming to these guidelines.
They are not a substitute for the legal responsibility of the court to determine legal liability. There are different laws in every state that govern the legal liability of retailers selling alcohol.
Rideout Hospitality Consulting supports plaintiff and defense lawyers throughout the world by conducting case review, operational analysis, depositions, written opinions, and trial testimony. Its work focuses on alcohol-service decisions and staff training.
The most robust analysis explains What the Evidence Cannot Show
Alcohol-related events can have serious effects, but their seriousness cannot be determined based on all the facts.
Attorneys should be aware of documents available, the limitations of those records, and the manner in which employees were expected work under the circumstances.
An exhaustive analysis of hospitality practices will distinguish documented actions from preconceived behaviours and show where the venue’s practices are consistent with or divergent from the accepted norms. This allows courts to determine what transpired instead of relying on only what was discovered after the fact.