The receipt of a restaurant indicates that the customer ordered a number of alcoholic drinks. The patron was involved in a major car accident shortly after the incident. The receipt could be useful to an attorney looking into the possibility of liability for the victim of a dramshop. It isn’t a guarantee that the restaurant served a customer who clearly drunk, or if employees didn’t follow procedures. It’s possible that the evidence is more compelling if you look at what transpired between drink orders.
To comprehend this sequence, it is crucial to understand the hospitality aspect of alcohol as an operation and not just count drinks after a party.
Receipts record a sale but not the state of a customer
The point-of-sale record can be used to determine the date the transaction took place, which beverages were purchased, and what charges are allocated to a tab.
A receipt cannot reveal the behavior of a person when they were served drinks. It’s sometimes difficult to know who drank the drinks, if they were shared, or what the bartender noticed.
A qualified Expert Witness will help lawyers interpret the records, along with video surveillance, witness testimony of employees and other evidence that is available. It is important to reconstruct the sequence of service without believing that each purchase will tell the complete story.
What do employees really observe?
The central question in most disputes over alcohol-related service is whether staff could have had sufficient evidence to conclude that the client was drunk. Some of the relevant observations could be impaired coordination, speech that is unusual, difficulty maintaining balance, or a noticeable change in behavior.
However, these indicators need context. Just a single moment captured on surveillance video could be a cause that is not related to alcohol. Investigators must also look at camera angles, quality of recording employees’ positions, and whether particular behavior would be seen by the employees.
Preston Rideout brings experience as a bartender, bar manager as well as nightclub general manager as well as director of bar operations to these reviews. His background in operations lets him connect the recorded evidence with the obligations of employees working in bustling hospitality environments.
Written Training Doesn’t Always Describe Real Practice
The majority of alcohol-related investigation are focused on preparation of employees. Does the establishment offer employee training in the area of seller-server? Did employees learn to spot the signs of intoxication? Management explained the procedures for refusing to provide additional services?
These questions are central to Responsible alcohol service, but reviewing training certificates alone may not answer them.
The venue may have policies implemented, but fail to enforce them consistently. Employees might have adhered to recognized service practices even if the end result was tragic.
An operational review includes documents for training and the testimony of employees. Also, it considers management oversight as well as any actions that are documented in the incident. Both defense and plaintiff attorneys are able to benefit from a distinction between the presence of the policy and its actual execution.
Timeline often sheds light on important information
Imagine a customer who is served drinks by bartenders on a busy evening. The first employee might have noticed the normal behavior. Following a shift switch another bartender could serve a different drink. A manager later, could have intervened.
The decision-making process could be seen as unending service, even if the timeline has not been rebuilt. By examining all the relevant information including transaction records, staffing schedules, as well as surveillance footage and incident report together, can clarify who was in charge and when. It is better to identify any missing footage or uncomplete records rather than rely on speculation.
Lawful Liability and Industry Practice are Different Concerns
Hospitality professionals can discuss accepted operational practices and determine if the actions of a hotel were in accordance with them.
The court still has the duty of determining liability for legal reasons. There are laws that differ in each state concerning the legal responsibility of alcohol retailers.
Rideout Hospitality Consulting supports plaintiff and defense lawyers across the country through case review operational analysis, depositions, written opinions, and trial testimony. Its services focus on alcohol-related decision-making and staff training.
The most robust analyses can provide a reason for what the evidence doesn’t demonstrate.
Instances involving alcohol can have grave consequences, but the severity cannot be determined based on all the evidence.
The attorney should be aware of the documents available, their limitations, and the expectations for employees in the circumstances.
A hospitality analysis is a method of determining whether a venue’s practices distinguish assumptions from actual actions and to determine if the venue’s practices were in line with accepted standards or not. This distinction allows courts to evaluate what happened instead of having to rely on only what was later discovered.