How Attorneys Can Evaluate a Venue’s Overservice Prevention Program

A nightclub can have bartenders trained and certified and alcohol policies written down and an experienced manager at every shift. In a handbook for employees, these security measures can be seen as reassuring.

Imagine the night of a Saturday that’s busy, with several bartenders serving the exact same group of customers, while a floor manager deals with an issue and customers are ordering drinks from various venues. Who’s responsible for determining if anyone shouldn’t be drinking or not?

This type of question could reveal more about a dram shop lawsuit, other than finding out how many drinks have been sold.

To begin with, staff are able to recognize the indications of an investigation into possible overservice.

A Dram Shop expert witness examines whether alcohol-related decisions were consistent with industry standards and the circumstances employees actually encountered.

The presence of alcohol in a person doesn’t prove, by itself that the bartender noticed warning signs when serving. The investigation should consider the manner in which the customer behaved, the timing of service, as well as staff observations.

Surveillance footage could expose a person’s inability to walk, strange movements, or interactions with employees. Witnesses’ testimony can help to understand the circumstances regardless of whether their own memories are differing. It is important to distinguish between what investigators knew after the incident and what the staff could have reasonably recognized in the moment.

One Tab Doesn’t Equal One Drink

Understanding the reports at point of sale requires years of an understanding of hospitality. A single person could buy several rounds for their friends. A number of people could be involved in a bottle-service transaction. Bartenders can take separate orders without knowing about the previous order of an employee.

An Alcohol expert witness can examine transaction times, beverage quantities, surveillance recordings, and staffing records to develop a more complete service timeline.

The analysis will reveal instances where employees might have intervened or recognized intoxication. It could also be used to pinpoint situations where evidence is not enough to establish who had consumed specific beverages.

Training Is Important Only When It Gets to the Floor

Certifications of employees are crucial but they’re not a guarantee to define how a facility operated during a particular shift.

An investigation could examine whether training was in order, whether employees were aware of intervention procedures and whether supervisors reinforced the establishment’s policies.

Preston Rideout has over 30 years of experience in the hospitality sector, including bartending as well as nightclub management. He also offers beverage program consulting.

His professional qualifications also show that he is the owner of 112 seller-server certificates for 48 states in addition to the District of Columbia.

The combination of both permits him to examine the education that employees received as well as their actual decisions. Bartenders, as an example may be able identify a behavior that is troubling, but not be provided with clear guidelines on how to report the incident or reach management. Therefore, the degree of supervision is just as important as an employee’s behavior.

Insurance Investigations could ask similar Questions

A specialist witness for liquor liability typically is able to address the same operational issues for coverage counsel and insurers as well as defense lawyers. Even though the terms used might differ, the case is still centered around the alcohol service, employee behavior, management oversight, and training.

The comprehensive review may include incident reports as well as written policies, videos schedules for employees, and records of certification. The role of an expert isn’t to support the person that is keeping the expert. The responsibility of the expert is to provide an explanation of the findings to identify practices in the industry and identify the significant limitations.

The experience of the past helps explain the rationale that are behind the records

Rideout has been an expert witness in alcohol service and hospitality cases across eleven states. He has acted on behalf of both plaintiffs and defense attorneys.

His analysis covers bars, restaurants and nightclubs along with resorts, hotels, casinos and other settings for hospitality that serve alcohol on a regular basis. Each setting is unique with regard to staffing and supervision challenges.

A bartender who works in a restaurant’s dining room may have more opportunities to observe clients than an employee of a counter service at a nightclub. Understanding those differences helps place the data in the proper context of operation.

A Credible Opinion Can’t Fill The gaps by making assumptions.

The laws for a liquor shop differ based on locality. Expert testimony from operational experts shouldn’t be taken as a legal decision. The strongest analyses explain what employees did and the service practices that are required. They also back the conclusions that are able to be made from the data.

Sometimes, records indicate the fact that a change was made from the accepted procedure. The records also show that employees did not adhere to the right procedures or left crucial questions unanswered.

This distinction is crucial for lawyers who are evaluating claims involving alcohol. A reliable expert opinion can do more than just describe the event. The court is able to understand the decisions made in the institution, even if no one could predict what the outcome would be.