A restaurant receipt shows that a customer ordered several spirits. The next day, the same customer is involved with a serious accident. The receipt can be relevant to an attorney who is investigating potential liability for the victim of a dramshop. It doesn’t necessarily establish whether the restaurant served a clearly drunk person or if employees did not adhere to the proper procedures. What happened between the drink orders may be more telling.
In order to understand the process, it is necessary to look at the alcohol service as part of a real hospitality operation. You can’t simply record drinks following an incident.
Receipts record a sale not the status of a customer
The record of the point-of-sale is used to identify when the transaction took place, which beverages were purchased, and what charges are assigned to a tab.
The receipt won’t reveal how the customer behaved when the drink was ordered. The receipt might not show the person who consumed each drink even if the drinks were shared, and the manner in which the bartender viewed it.
An expert witness can help lawyers in the interpretation of these documents alongside video surveillance and employee statements. It is vital to retrace the process of service, but not thinking that every purchase will be the complete story.
What do employees see in the real world?
In a number of disputes concerning alcohol services, the main concern is whether or not the staff was able to establish that the customer was drinking. Relevant observations might include impaired coordination, unusual speech or balance issues, or a noticeable change in behavior.
But these indicators still need contextualization. One incident recorded on surveillance footage may have explanations unrelated to alcohol consumption. Investigators must also think about camera angles, recording quality position of employees and if the behavior might be visible to the staff.
Preston Rideout brings experience as a bartender, bar manager, nightclub general manager, and director of bar operations to these evaluations. His experience in operations helps him make connections between the responsibilities and limitations of employees working in bustling hospitality establishments.
Written Training Doesn’t Always Describe Real Practice
In all alcohol-related investigation, questions are asked about the employee’s preparation. Does the establishment provide employee training in the area of seller-server? Did the establishment instruct employees to identify signs of intoxication? Did management outline how to refuse additional service?
The answers to these questions can be found in the training certificates, but they are not sufficient.
The venue may have policies in place but fail to follow them consistently. Employees could have followed accepted service standards even if the final outcome was tragic.
A thorough operational audit will consider training materials, employee testimony monitoring by management, the actions that were recorded during the incident. Both plaintiffs and defense attorneys can benefit from a clear distinction between the presence of an actual policy and its execution.
Timeline can help answer important questions
Think about a client being served by several bartenders the same time in a busy night. The first employee might have noticed the normal behavior. A bartender in a different location might have served another beverage after an alteration in shift. Then, a manager could have intervened.
Without reconstructing the timeline these decisions may appear to be a continuous action of service. When looking through transaction records and staffing plans, as well as surveillance footage and incident reports It can be useful to identify the person who knew what and the time. It’s better to pinpoint missing footage or incomplete documents than relying on speculation.
Legal Liability and Industry Practice are Different Questions
Hospitality professionals can explain and evaluate if a venue is operating in accordance with recognized procedures.
They do not substitute for a court’s ability to determine the legal liability. Dram shop laws vary between states, as do the situations under which alcohol providers may have to answer civil claims.
Rideout Hospitality Consulting assists plaintiff and defendant attorneys across the country through reviewing cases, analyzing operations, writing opinions and depositions. Its services include alcohol-related decisions, staff training, managerial practices, and other related hospitality operations.
The most rigorous analyses are able to explain what the evidence does not reveal.
Instances involving alcohol can have grave consequences, but their severity is not determined by all the facts.
Lawyers must be able to determine the legal documents accessible and their limitations in addition to how employees were required to act under the situation.
An in-depth analysis of hospitality can separate documented actions from assumptions and provides a clear explanation of where the hotel’s practices aligned with or departed from established standards. This helps courts determine the actual events instead of relying on what was revealed following the fact.