In an effort to make your decision about hiring an expert in a liability action more comfortable, I have detailed references that you may contact regarding my testimony at trial, testimony during depositions, and my consulting with various firms nationwide involving dram shop claims and violence prevention standards as they apply to a liquor serving venue.
I have also written some thoughts the defense and plaintiffs attorneys and licensees may want to consider when a liquor liability, dram shop claim or an act of violence, for a lack of security occurs.
Liquor liability claims are unique because attorneys aren't retained for them on a regular basis. My expertise has been developed by working one type of case as a liquor liability expert with hundreds of different attorneys nationally.
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Attorneys should understand that licensees must promote safe serving standards and just as important, require that their staff practice those principles. Licensees must also verify that their protocols and training are followed. Liquor serving operations have another very important obligation. They must discipline their employees for violating the procedures and training. Otherwise, it would be obvious that all of the guidelines they necessitate for responsible alcohol service are meant to appear responsible, but not act responsibly. When you consider this, it can destroy an operation during litigation because they accept what they should be doing and how to provide it in the name of safety and responsible liquor service, yet do not. Responsible training and procedures must be confirmed in order to show the meaning of the standard of care. Another way for licensees to make sure employees are serving responsibly is to hire a licensed and professional shopping service. The vast majority of licensees will hire independent shopping vendors monthly, some being better then others. These professionals explain many things once a well written licensed specialist authors a report. It also assists in litigation for the defense and plaintiffs because it illustrates that the owner is responsible if an infraction is noted and disciplinary action is taken.
Dram shop or liquor liability occurs because your staff has allegedly over served. Liquor liability litigation occurs when you have served a minor and not carded properly. Dram shop claims involving minors should never happen. Dram shop claims involving over service should not happen. But it certainly does. Violence prevention occurs for the most part from over serving and secondly from non-existent or weak protocols. Steps to prevent Violence should be implemented prior to it ever happening. Liquor liability, dram shop, or acts of violence occur because somewhere something broke down.
Operational video cameras in your establishment are only helpful to the defense when everything is done properly. If an owner does not verify that they serve alcohol responsibly on an on-going basis, then how would video help? If a plaintiff's firm is in pursuit of your operation then video is their best friend. Video is without prejudice and tells the truth, yet it also depicts your operations faulty protocols in a simple format. Many attorneys are not aware and do not understand the importance of an operations pour cost analysis. Most operations calculate pour cost figures weekly or monthly. This simple tool is what tells the owner that free liquor or theft is occurring and just as important, if the staff is pouring excessive amounts of alcohol in each drink.
When bartenders over pour the are stealing from the owner and promoting intoxication.
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