The receipt of a restaurant reveals that the customer ordered a number of alcohol-based drinks. The next day, that person is in the middle of a traffic accident. In the case of an attorney looking into potential Dram shop liability the receipt will be relevant. It doesn’t necessarily establish if the establishment served someone who was clearly drunk or whether employees were not following the rules. There’s a chance that the evidence will be more convincing if you look at the events that occurred between orders for drinks.
Understanding the sequence of events requires looking at alcohol service as an actual hospitality operation, not simply the counting of drinks after an incident.
A Receipt Records a Sale and does not reflect the condition of the buyer.
Records at the point-of-sale can show the date and time of transactions, what beverages were purchased, and what charges were assigned to the tab.
The receipt will not reveal the manner in which a customer behaved when served an alcohol drink. It may not be able to reveal the drinkers who consumed it even if the drinks were shared, as well as how the bartender was observing.
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 order of service, without believing that each purchase will tell the entire story.
What can employees actually see?
The most important issue in alcohol-related disputes is whether staff had reason to suspect that a customer was drunk. The relevant indicators could include impaired coordination, unusual speech, difficulty maintaining balance, or noticeable changes in behavior.
These indicators need contextualization. The actions captured on surveillance video may not be a result of alcohol. Investigators should also be aware of the camera’s angle, recording quality employees’ position and the extent to which a particular behaviour was observed by staff.
Preston Rideout has experience as manager of a nightclub Bar manager director of operations for bars, and bartender. His practical experience allows him to identify the responsibilities and limitations of staff working in bustling areas of hospitality.
Written Training Doesn’t Always Describe Real Practice
In all alcohol-related investigation, questions are asked about the preparation of the employee. Was there any training for the server-sellers? Did the establishment teach its employees how to spot intoxication? Management was clear on the reasons for refusing to provide additional services?
The answer to these questions may lie in the training certificates However, they’re not enough.
It is possible for a place to have detailed policies, but not necessarily implement them. In the reverse scenario the employee could have followed the guidelines even if it was tragic.
An operational review considers the training materials and testimony from employees. The review also examines the oversight of management as well as the actions that were documented in the incident. It is crucial for lawyers representing defense and plaintiffs to discern between the existence of policy and the way it is implemented.
Timeline can provide answers to important issues
Take a look at a client served by multiple bartenders the same time on a busy night. The bartender who was first on the scene may have observed a common behavior. Following a shift change, a second employee may serve a second drink. Later, a manager may have intervened.
In the absence of a timeline to reconstruct these decisions may appear to be a single act of service. Examining all the information, including transaction records and staffing schedules as well as surveillance footage and incident report together, can clarify who was aware of what and when. It’s better to know whether there’s any missing files or videos, rather than speculating.
Industry Practice and Legal Liability are Different Concerns
Hospitality professionals are able to discuss the established operating guidelines of a facility and decide whether its behavior is in accordance with these rules.
They do not take away the court’s responsibility to determine the legality of the liability. There are distinct laws in each state regarding the legal responsibility of alcohol retailers.
Rideout Hospitality Consulting assists plaintiff and defendant attorneys across the country through reviewing cases, analyzing operations, writing opinions, and depositions. The company’s focus is on alcohol-related decisions as well as staff training.
The most powerful analysis explains why the evidence can’t prove
An alcohol-related incident can result in devastating consequences, however the seriousness of the outcome cannot be established by establishing every prior fact.
The attorney must know the documents available along with their limitations, as well as the expectations for employees in the circumstances.
A careful hospitality analysis separates evidence from an assumption and explains where the venue’s practices were in line with or diverged from recognized standards. That distinction helps courts evaluate what actually transpired instead of relying on what became known afterward.