A receipt from a restaurant indicates that a client ordered a number of alcohol-based beverages. This customer was involved in a serious auto accident a few hours after the incident. An attorney examining potential Dram shop liability the receipt can be used as evidence. The receipt is not required to establish that the restaurant provided a clearly drunk patron or that the employees failed to follow proper procedures. It’s possible that the evidence is more convincing if you look at the actions that took place between drinks.
In order to understand the pattern, you need to consider the alcohol service as a component of a hospitality business. You can’t simply make a list of drinks in the aftermath of an incident.
Receipts record a sale but not the customer’s condition.
Point-of-sale records can establish the dates when transactions took place, which beverages were purchased, and the method of assigning charges to a tab.
The receipt does not reflect the manner in which the drink was ordered. The receipt may not reveal the individual who drank each drink even if the drinks were served in a shared manner, and the manner in which the bartender viewed it.
An expert witness who is qualified will assist lawyers in understanding the records, along with surveillance footage, employee testimony as well as any other evidence that is available. It is crucial to decipher the order of service, without assuming every purchase will tell the complete story.
What can employees observe?
A key issue in many disputes involving alcohol-related services is whether the staff had reason to suspect the patron was intoxicated. Some of the relevant observations could be impaired coordination, unusual speech or balance issues, or observable changes in behavior.
These indicators need context. Even a single act captured in surveillance footage may be unrelated to alcohol. Investigators also need to consider the quality of the recording, employee positions and camera angles.
Preston Rideout brings experience as a bartender, bar manager and nightclub general manager as well as director of bar operations in these assessments. His experience in operations helps link documentation with the obligations and the limitations that employees face working in busy environments.
Written Training Doesn’t Always Describe Real Practice
The majority of alcohol-related investigations are based on questions regarding preparation for employees. Does the establishment provide server-seller training to its employees? Was the establishment able to teach its employees the signs of intoxication? Management explained the procedure for refusing to offer additional services?
These questions are central to Responsible alcohol service service, but reviewing training certificates alone may not answer them.
A place may have detailed policies, but fail to consistently implement them. Employees may have adhered to recognized service practices even if the end result was tragic.
A thorough review of operational elements includes the training materials, testimonies of employees supervision by management and actions documented during an incident. The distinction between a policy’s existence and its actual implementation can be important to both plaintiff and defense counsel.
Timeline can provide answers to important issues
Imagine a person being served drinks by bartenders on a busy evening. It’s likely that the bartender who served the first patron observed normal behavior. After a change of shift an employee from another shift could have served a drink. The manager could have intervened later.
It’s possible to make these choices appear to be one continuous act of service without retracing the timeline. Looking over transactions records, staffing schedules, surveillance footage, and incident reports together can assist in determining who knew what and when. It is better to determine the missing documents or footage rather than speculating.
Lawful Liability and Industry Practice Are Different Issues
Hospitality professionals can help explain and determine if a location is operating in accordance with recognized procedures.
They do not take away the court’s responsibility to determine the legal responsibility. There are different laws in each state regarding the legal liability of retailers selling alcohol.
Rideout Hospitality Consulting assists plaintiff and defendant lawyers across the country through reviewing cases, analyzing operations, written opinions and depositions. The focus of its work is on alcohol-related decision-making and staff training.
The most robust analysis explains what the evidence cannot show
An alcohol-related incident may be devastating, but the severity of the result cannot be established by establishing every prior fact.
Attorneys should be aware of documents available, the limitations of the records and the manner in which employees were expected operate under the circumstances.
A careful hospitality analysis separates established actions from beliefs and clarifies where the establishment’s practices aligned with or departed from the accepted norms. This allows courts to determine what transpired instead of using only the information later discovered.
