In a negligence-based legal system (which dram shop laws often are), “standard of care” refers to the level of caution and prudence that a reasonable person or entity (in this case, a licensed alcohol establishment) would exercise under similar circumstances. “Industry best practices” are the widely accepted, proven methods and procedures that leading establishments employ to minimize risks and ensure responsible operation.
As “The Dram Shop Expert” with over 35 years in the hospitality and entertainment industry, I provide an unparalleled, real-world assessment of whether a licensed alcohol establishment met its legal and professional obligations. My evaluation goes beyond mere legal statutes, delving into the operational realities of how alcohol is served, managed, and controlled in today’s venues.
Description: I meticulously examine an establishment’s written policies and procedures related to alcohol service, including responsible beverage service (RBS) guidelines, intoxication recognition, refusal of service protocols, incident reporting, and security measures. This includes reviewing employee handbooks, training manuals, and any internal operating procedures.
Why it’s crucial: The existence and adequacy of these written documents are often a first line of defense (or proof of negligence). I assess if they are comprehensive, clear, and align with industry best practices and legal requirements.
Description: This involves evaluating the scope, frequency, and effectiveness of an establishment’s staff training programs, particularly for bartenders, servers, and security personnel. I assess whether staff are adequately trained in critical areas such as ID verification, recognizing signs of visible intoxication, intervening safely, de-escalation techniques, and proper incident documentation.
Why it’s crucial:Even the best policies are useless if staff aren’t properly trained to implement them. My operational experience allows me to discern if training is merely a formality or genuinely prepares staff for real-world scenarios.
Description: I analyze how closely an establishment’s actualpractices align with its stated policies and industry best practices. This can involve reviewing shift logs, incident reports, surveillance footage, and witness testimony to determine if staff consistently applied responsible service principles, monitored patrons effectively, and responded appropriately to situations involving intoxication or conflict.
Why it’s crucial: The gap between written policy and actual practice is where negligence often resides. My expertise allows me to identify systemic failures or patterns of non-compliance that contribute to liability.
Description: This segment focuses on how well an establishment monitors its patrons’ alcohol consumption and behavior, and the effectiveness of their intervention strategies when signs of intoxication appear. I evaluate methods for tracking drink counts, observing behavioral cues, and the procedures for “cutting off” service, offering alternatives (e.g., water, food, non-alcoholic drinks), and arranging safe transportation for departing guests.
Why it’s crucial: Proactive monitoring and timely intervention are hallmarks of responsible alcohol service and are central to preventing over-service and subsequent harm.
Description: Beyond direct alcohol service, I examine the establishment’s security measures and crowd management strategies, especially in high-volume or late-night venues. This includes evaluating the presence and training of security staff, use of surveillance systems, protocols for handling unruly patrons or fights, and emergency response plans.
Why it’s crucial: Many liquor liability cases involve incidents (assaults, falls, etc.) that stem not just from over-service but also from inadequate security or a failure to maintain a safe environment for all patrons.
My deep operational background means I understand the nuances of the hospitality industry from the inside out. I don’t just quote statutes; I provide practical, context-driven insights into how a well-managed establishment operates and where failures in the standard of care can lead to significant liability. My testimony helps juries and judges understand the operational realities and the reasonable expectations placed upon liquor licensees.
