A receipt from a restaurant shows that the patron ordered several alcohol-based drinks. This person was in a serious car accident within a couple of hours of the incident. The receipt may be of value to an attorney who is researching potential liability for the victim of a dramshop. The receipt does not necessarily demonstrate that the establishment served a clearly drunk client or that the employees failed to follow the correct procedures. More revealing evidence might depend on what transpired between those drinks ordered.
In order to understand the flow of events, take a look at the alcohol services as part of a hospitality program. It is not enough to simply count drinks after an incident.
Receipts are proof of a sale not the status of a customer
The records at the point of sale can show when transactions took place, which drinks were bought, and what charges were put on a bill.
But, receipts generally cannot show how a customer behaved when they were served a drink. It is not able to determine who consumed each beverage, whether drinks were shared, or even what an employee of the bar observed.
An experienced Expert Witness can help attorneys interpret these records alongside surveillance footage, employee statements, and other available evidence. It is important to reconstruct the order of service, without assuming every purchase will tell the whole story.
What are the things employees can actually see?
The most important issue in disputes over alcohol-related service is whether staff members had plausible grounds to conclude that the client was drunk. Relevant observations might include impaired coordination, unusual speech, difficulty maintaining balance, or observable changes in behavior.
These indicators need context. One incident recorded in surveillance footage may be explained in a way that is not related to drinking alcohol. Investigators should also consider the camera’s angle, recording quality location of employees, and the degree to which an incident was evident to the staff.
Preston Rideout has experience as the nightclub’s manager, bar manager director of bar operations, and bartender. His experience in operations helps him connect recorded evidence to the duties and limitations of employees working in bustling hospitality settings.
Written Training Doesn’t Always Describe Real Practice
In the majority of investigations involving alcohol there are questions posed about the worker’s preparation. Did you receive any instruction for server-servers who sold the drinks? Did the establishment provide training to employees to identify signs of intoxication? Has management explained to employees the process to deny service?
These questions are essential to responsible alcohol services, however studying training certificates alone will not answer them.
The facility may have rules in place but fail to follow them consistently. In contrast, employees might have followed the established procedures for service regardless of the outcome was tragic.
A review of operations takes into account training materials and testimony from employees. Also, it considers supervision by management and the actions documented in the incident. Plaintiffs as well as defense attorneys can benefit from a clear distinction between the existence of the policy and its actual execution.
Timeline often answers crucial questions
Take a look at a customer who gets drinks from different bartenders during an event that is crowded. The first bartender may be observing normal behaviour. After a change of shift an additional employee could serve a second drink. Managers could have intervened.
If you don’t reconstruct the timeline the decisions could seem to be one continuous act of service. Examining the personnel schedules, transaction records, surveillance footage, and incident reports can assist in determining who knew what and when. It is better to identify the absence of footage or insufficient documents than relying on speculation.
Industry Practice and Legal Liability are Different Concerns
Hospitality professionals can explain the recognized operating practices of a venue and determine if its conduct is in accordance with these standards.
These laws don’t replace the ability of a judge to determine the legal liability. There are distinct laws in each state regarding the legal responsibility of retailers selling alcohol.
Rideout Hospitality Consulting provides support to plaintiffs and defense attorneys in the United States through case reviews, operational analyses, written opinions depositions, trial testimony and other types of evidence. Its activities include alcohol-related decisions, staff training, managerial practices, and any other relevant hospitality operations.
The most robust analysis explains what the Evidence Doesn’t Show
The severity of an alcohol-related incident cannot determine all previous facts.
The attorney must understand the records available along with their limitations, as well as the expectations of employees in the circumstances.
An analysis of hospitality is a thorough way to distinguish assumptions from actual actions and establish whether the host’s practices were in line with accepted standards or not. The courts can then evaluate the actual event rather than relying on the lessons they have learned.
