A restaurant receipt shows that the customer drank several spirits. After a few hours, the customer was involved in a major traffic accident. A receipt is important for an attorney looking into potential dram shops liability. But it doesn’t automatically establish whether the restaurant served a person who was clearly intoxicated or if the employees failed to follow the correct procedures. It’s possible that the evidence is more convincing if you look at what transpired between orders for drinks.
Understanding this sequence requires studying the alcohol industry as a hospitality process, not just counting beverages after an incident.
A Receipt is a proof of sale not a customer’s condition
The records at the point of sale can reveal the dates when transactions took place, which drinks were purchased, and the method of assigning charges to a tab.
A receipt cannot reveal the manner in which a customer behaved when served drinks. The receipt might not show the person who consumed each drink even if the drinks were shared, and what the bartender observed.
An expert witness with experience can assist attorneys in interpreting these records in relation to video surveillance, employee statements and other evidence. The aim is to reconstruct the sequence of service without assuming that every purchase is the complete story.
What is the perception of employees in the real world?
One of the most crucial issues in alcohol-related disputes is whether employees had any evidence to suggest the patron was intoxicated. Relevant observations include speech impairment or impaired coordination troubles with balance or modifications in behavior.
These indicators need contextualization. Just a single moment captured on surveillance video could be unrelated to alcohol. Investigators must also look at camera angles, quality of recording position of employees and whether particular behavior would be seen by the employees.
Preston Rideout has experience as a nightclub manager, bar manager, director of bar operations and bartender. His experience in the operational field helps him link documented evidence with the duties of employees working in bustling hospitality settings.
Written Training Doesn’t Always Describe Real Practice
In the majority of alcohol-related investigations inquiries, questions are asked regarding the employee’s preparation. Did you receive any instruction for the server-sellers? Was the establishment able to teach its employees how to spot intoxication? Did management explain to employees the process for refusing extra service?
These questions are central to Responsible alcohol service service, but reviewing training certificates alone may not answer them.
It is possible for an establishment to have comprehensive policies but not consistently implement them. Employees could have followed the accepted standards of service even if the final outcome was tragic.
An examination of the operational aspects include documentation for training, testimonies from employees as well as management oversight and the actions that were documented in the event. It is essential for plaintiffs’ and defense counsel to differentiate between the existence and effectiveness of the policy and the way it is implemented.
Timeline often sheds light on important questions
Consider a client who is served by several bartenders the same time during a busy night. It’s possible that the first employee observed a normal manner of conduct. A second bartender might serve another drink following a shift change. A manager could have intervened.
If you don’t reconstruct the timeline that is the case, these decisions could appear to be one continuous act of service. Analyzing all the records including transaction records, staffing schedules as well as surveillance footage and incident report together can help clarify who was aware of what and when. It’s best to find out whether there’s missing files or videos, rather than speculating.
Industry Practice and Legal Liability Are Different Questions
Hospitality experts can explain recognized operating practices and evaluate whether the behavior of a particular venue was consistent with these practices.
They don’t replace the responsibility of the court to decide legal liability. There are various laws in each state regarding the legal liability of alcohol retailers.
Rideout Hospitality Consulting assists plaintiff and defendant attorneys across the country with reviewing cases, analyzing operations, writing opinions and depositions. Its activities include alcohol-related decision-making, staff training management practices, as well as other related hospitality operations.
The most powerful analysis explains why the evidence does not show
An alcohol-related incident may cause a lot of damage, but the severity of the incident can’t be determined by the prior facts.
The attorney must understand the documents available in the case, their limitations, and the expectations of employees under the conditions.
A careful hospitality analysis separates evidence from an assumption and explains where the venue’s practices matched up with or diverged from the accepted norms. This helps courts determine what actually transpired instead of relying on what became known in the aftermath.