A restaurant receipt shows that a customer ordered several alcohol-based drinks. Hours later, that customer is involved in a serious traffic accident. Receipts are crucial for lawyers investigating possible legal liability of dram shops. However, it’s not a sure way to determine whether the restaurant served a clearly drunk person or if employees did not adhere to the proper procedures. More revealing evidence might depend on what transpired between those drink orders.
Understanding that sequence requires examining the alcohol service as a hospitality service, not just counting beverages after an incident.
Receipts are proof of a sale but not the state of a buyer
The record of the point-of-sale can be used to determine when the transaction occurred, what drinks were bought and the charges are assigned to a tab.
The receipt does not provide information about what the client’s behavior was when served a drink. It’s not always clear who consumed each beverage, whether drinks were shared, or what the bartender was watching.
A skilled Expert Witness can help attorneys interpret these records in relation to surveillance footage, employee statements, and other available evidence. It is essential to reconstruct the order of service, without believing that each purchase will tell the complete story.
What do employees see in the real world?
The most important issue in disputes over alcohol-related service is whether staff could have had sufficient evidence to conclude that the patron was intoxicated. The relevant indicators could include impaired coordination, speech that is unusual difficulties, balance issues or observable changes in behavior.
However, these indicators require contextualization. A single incident in surveillance footage could have a reason that isn’t related to alcohol. Investigators should also take into consideration camera angles, recording quality position of employees and whether the particular behavior could be seen by the employees.
Preston Rideout’s experience as an experienced bartender and bar manager and general manager of the nightclub, and director of bar operations can be seen in these evaluations. His operational experience helps to connect documentation with the obligations and constraints of employees working in fast-paced hospitality environments.
Written Training Doesn’t Always Describe Real Practice
The majority of alcohol-related investigations concentrate on preparation for employees. Did the establishment provide server-seller training? Was the establishment able teach its employees the signs of intoxication? Did management provide how to refuse additional service?
These questions are central to Responsible alcohol service service, but reviewing training certificates alone may not answer them.
It is possible for a venue to have comprehensive policies however, they may not always follow the policies. Employees could have followed established service guidelines, even if the end outcome was tragic.
A review of operations considers the documents for training and the testimony of employees. Also, it considers the oversight of management as well as any actions that are documented in the incident. The difference between a policy’s existence and its implementation could be significant for both plaintiff and defense counsel.
Timeline can reveal important questions
Consider a patron who receives drinks from a variety of bartenders throughout an evening of crowded. The first employee might have seen a typical behavior. A second bartender may have served another beverage after the shift change. Later, a manager may have intervened.
It is possible to make these choices appear to be a single continuous service, without retracing the timeline. Reviewing all the data such as transaction records and staffing schedules, as well as surveillance footage and incident report together can reveal who knew when and what. It’s better to find out the missing records or footage, rather than speculating.
The issues of liability under the law and industrial practice are two different issues.
Hospitality experts are able to explain the recognized operating practices of a facility and decide whether the conduct of the venue is in accordance with these standards.
The court remains in responsibility of determining legal liability. The laws that govern alcohol stores vary from state to state as do the conditions within which they may be legally sued.
Rideout Hospitality Consulting supports plaintiff and defense attorneys across the nation through case reviews operational analysis, depositions, writing opinions, and trial testimony. The focus of its work is on alcohol-related decisions and staff training.
The most robust analyses can provide a reason for what the evidence does not reveal.
A drunken incident could result in devastating consequences, however the severity of the event is not able to establish the exact date of the incident.
The attorney must know the documents available in the case, their limitations, and the expectations of employees in the conditions.
An exhaustive analysis of hospitality practices will separate documented actions from accepted behavior patterns and clarify where the venue’s practices are in line with or differ from the accepted norms. The courts will then be able to judge the actual circumstances rather than just relying on what they learnt later.