The receipt of a restaurant shows that the patron ordered several alcoholic drinks. The next day, that person is involved in a serious traffic collision. The receipt may be of value to an attorney looking into the possibility of liability for the victim of a drunken shop. However, it’s not a sure way to determine whether the restaurant served an obviously intoxicated person or if the employees failed to comply with the appropriate procedure. The more revealing evidence may depend on what transpired between those drinks ordered.
In order to understand the sequence, you must look at the alcohol service as part of a real hospitality service. It is not possible to record drinks following an incident.
A receipt is a document of the sale but is not a condition of the buyer
The record at the point of sale 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, however, generally will not show how a client was acting when they were served a drink. It is not able to determine who drank each beverage or whether the drinks were shared or not, or even what the bartender saw.
An experienced Expert Witness can help attorneys interpret these records alongside surveillance footage, employee statements, and other available evidence. The goal is to retrace the entire service process without believing that every purchase tells the entire story.
What can employees actually see?
The most important issue in alcohol-service disputes is whether staff had recognizable reasons to believe the patron was intoxicated. The relevant indicators could include impaired coordination, speech that is unusual and balance problems, or observable changes in behavior.
But these indicators need context. A single incident in surveillance footage may have an explanation unrelated to alcohol. Investigators must also look at the camera’s angle, the quality of recording location of employees, and whether a specific behavior was visible to staff.
Preston Rideout brings experience as a bartender, bar manager, nightclub general manager, and director of operations for bars to these evaluations. His experience in operations helps link documentation with the obligations and the limitations that employees face working in busy hospitality environments.
Written Training Doesn’t Always Describe Real Practice
A majority of alcohol-related investigation investigations ask questions regarding preparation for employees. Was there any training for the server-sellers? Did employees receive training on recognizing possible intoxication? Did management provide the procedure for refusing to provide additional services?
These questions are essential to responsible alcohol services, however looking at training certificates on their own may not answer them.
A business could have in-depth policies without consistently implementing them. However, employees could have followed recognized service practices regardless of the outcome was devastating.
A review of the operational elements includes training materials, employee testimonies supervision by management and actions that were documented in the event. The difference between a policy’s creation and its actual implementation can be crucial for both defense and plaintiff counsel.
Timeline often reveals important information
Imagine a customer being served drinks by bartenders at a busy time. It is likely that the bartender who served the first patron observed a normal behavior. Following a shift change, another bartender might serve a different drink. The manager could have intervened later.
These decisions can appear as unending service, in the event that the timeline is not reconstructed. If you are reviewing transaction logs such as staffing plans, video surveillance and incident reports it’s helpful to know who was aware of what and at what time. The absence of footage or the inadequacy of records should also be identified instead of being replaced by speculation.
Lawful Liability and Practices in Industry are Different Questions
Hospitality experts are able to describe the accepted operating procedures of a facility and decide whether the conduct of the venue is conforming to these guidelines.
The court has the obligation of determining the legal liability. There are various laws in each state concerning the legal liability of retailers selling alcohol.
Rideout Hospitality Consulting provides support to defense attorneys and plaintiffs throughout the United States via review of cases, operational analysis as well as written opinions and trial testimony, depositions and other forms of evidence. Its services include alcohol-related decisions, staff training management practices, as well as other hospitality related operations.
The most robust analyses can provide a reason for what the evidence does not show
The severity of an alcohol-related event cannot be a conclusive indicator of the previous circumstances.
Attorneys must be aware of the documents available, the limits of the records and how employees were expected to perform under the circumstances.
A thorough analysis of hospitality can separate documented actions from the assumed behavior and identify where the venue’s practices are aligned or deviated from established standards. The courts can then evaluate the actual event rather than relying on the lessons they have learned.