A restaurant receipt shows that a client ordered a number of spirits. Hours later, that customer is involved in a serious traffic collision. The receipt may be of value to an attorney who is investigating potential liability for the victim of a Dramshop. It isn’t a guarantee that the establishment served someone who was clearly drunk or in the event that employees didn’t adhere to procedures. What transpired during the time between drinks orders may be more telling.
In order to understand the flow of events, look at the alcohol service as part of a hospitality service. It is not possible to make a list of drinks in the aftermath of an incident.
Receipts record a sale and not the actual condition of a client
Records at the point of sale will reveal the date and time transactions occurred, which beverages have been purchased and the amount applied to a bill.
The receipt won’t reveal the manner in which the drink was ordered. It’s not always clear who drank each beverage, whether drinks were shared, nor what the bartender saw.
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 believing that each purchase will tell the whole story.
What are the things employees can observe in real-life?
In many disputes over alcohol-related services, the primary concern is whether or not the staff could have any reason to suspect that a client was drunk. The relevant observations include speech impairment or impaired coordination problems, difficulty maintaining balance or changes in behavior.
However, these indicators require some context. Just a single moment captured in surveillance footage could have an explanation unrelated to alcohol. Investigators should also consider the camera’s angle, the recording quality employees’ position and the degree to which an incident was observed by staff.
Preston Rideout has experience as an eveningclub manager, bar manager, director of bar operations and bartender. His operational experience helps him link recorded evidence to the duties and limitations for employees who work in hectic hospitality settings.
Written Training Doesn’t Always Describe Real Practice
The majority of alcohol-related investigation concentrate on preparation for employees. Does the establishment offer the seller-servers training for its employees? Was the establishment able to instruct its employees on the signs of intoxication? Management explained the process for refusing to offer additional services?
These questions are central to Responsible alcohol service, but reviewing training certificates alone may not be enough to answer them.
The place may have guidelines that are in place, but they fail to consistently implement them. In contrast, employees might have followed the established procedures for service even though the final outcome was devastating.
A review of operations considers the information on training, employee testimony, management oversight, and any actions that were documented in the incident. Plaintiffs as well as defense attorneys will benefit from the distinction between the presence of the policy and its actual implementation.
The Timeline often provides the key questions
Take a look at a client served by multiple bartenders at the same time on an evening of high activity. The first bartender might have seen a typical behavior. After a change of shift the second employee might serve a second drink. Managers could have intervened.
It is possible to make these choices appear to be a single continuous service, without retracing the timeline. When reviewing transaction records such as staffing plans, surveillance footage and incident reports it’s helpful to know the person who knew what, and the time. It’s better to pinpoint the absence of footage or insufficient documents than relying on speculation.
Lawful Liability and Industry Practice are Different Concerns
Hospitality experts can describe accepted operating practices and evaluate whether a venue’s conduct was consistent with them.
The laws are not meant to replace a court’s ability to determine the legal responsibilities. The laws governing liquor stores differ across states, including the specific circumstances that alcohol retailers could face civil claims.
Rideout Hospitality Consulting supports plaintiff and defense attorneys across the nation by conducting case review, operational analysis, written opinions, depositions as well as trial testimony. The company’s work focuses on alcohol-related decisions staff training, management practices, and other related hospitality operations.
The most thorough analyses can help explain what the evidence doesn’t demonstrate.
A drunken incident could result in devastating consequences, however the severity of the incident cannot be established by establishing every prior fact.
Attorneys must understand the available records, the limits of the records and the manner in which employees were expected function under the conditions.
An exhaustive analysis of hospitality practices will distinguish documented actions from accepted behavior patterns and clarify where the venue’s practices are consistent with or divergent from established standards. The courts can then evaluate the actual circumstances rather than relying on what they learned later.