Dram Shop Experts Practice Areas

The Dram Shop Experts practice areas include but are not limited to Intoxication Identification, Bartender Training, Responsible Alcohol Service, Industry Standard Bar Operations, Liquor Liability, Nightclub Negligence, and Security Use of Force. Preston Rideout, Kim Schioldan, and Silver Gordon have extensive insight into Casino, Hotel, Resort, Restaurant, Nightclub, and Bar alcohol service. While navigating nightlife, they cultivated powerful insight into Bartender Training, Responsible Alcohol Service, Industry Standard Compliance, Intoxication Identification, Liquor Liability, Nightclub Negligence, and Security.

Intoxication Identification Dram Shop Expert Witness Testimony

intoxication identification training is an essential component of many professions and industries. This type of training equips individuals with the necessary knowledge and skills to identify and handle situations involving individuals who are under the influence of alcohol. It is particularly important for those who work in the hospitality industry, such as bartenders, servers, and event staff, as they are often responsible for serving and managing alcohol consumption. However, alcohol intoxication identification training is also beneficial for individuals in other professions, such as law enforcement, healthcare, and education.

One of the main reasons why alcohol intoxication identification training is necessary is because it helps individuals to recognize the signs and symptoms of alcohol intoxication. These can include slurred speech, impaired coordination, and changes in behavior and mood. By being able to identify these signs, individuals can take appropriate action to ensure the safety of themselves and others. For example, a bartender who can recognize when a customer is showing signs of intoxication can refuse to serve them more alcohol and potentially prevent them from getting behind the wheel of a car

Bartender Training Dram Shop Expert Witness Testimony

Bartender Training is the foundation for Responsible Alcohol Service. For this reason, many establishments have implemented comprehensive bartender training programs, alcohol service policies, and bartender procedures to identify intoxication, discontinue alcohol service, and notify management immediately. These alcohol policies and bartender procedures provide systems to identify, mitigate, and prevent intoxication.

Responsible Alcohol Service Dram Shop Experts

Responsible Alcohol Service is the key to successfully prosecuting or defending dram shop litigation. Industry standard operating procedures and liquor laws demand establishments engage in responsible alcohol service best practices. By providing bartender training, requiring alcohol safety certification, creating alcohol service policies, implementing bartender procedures, and having systems to identify visible signs of intoxication and discontinue alcohol service, establishments create a responsible drinking culture.

Industry Standard Bar Operations Dram Shop Experts

Industry Standard Bar Operations are comprehensive and standardized alcohol service policies and procedures. The first step in developing an industry standard alcohol service policy is to understand the laws and regulations governing the sale and service of alcohol in your state. Once these legal parameters are established, the policy should clearly outline the responsibilities and expectations of both management and employees. The policy should include guidelines for checking identification to ensure that customers are of legal drinking age. This is not only a legal requirement but also an important step in preventing underage drinking. Proper training should be provided to employees on how to spot fake IDs and handle situations where a customer is unable to provide a valid ID. Another crucial aspect of the policy recognizing signs of intoxication and knowing when to cut off a customer or offer alternative non-alcoholic options. Employees should also be trained on how to handle difficult or aggressive customers who may become confrontational when denied service.

Liquor Liability Dram Shop Expert Witness Testimony

Liquor liability refers to the legal responsibility that establishments or who serve alcohol have for any harm caused by their intoxicated patrons. The concept of liquor liability is based on the premise that those who serve alcohol have a duty to do so responsibly and to take necessary precautions to prevent intoxication. In most states, there are laws in place that hold establishments or individuals liable for damages caused by their intoxicated patrons. These laws vary, but they typically require establishments to stop serving alcohol to individuals who are visibly intoxicated. This is why it is crucial for establishments to have proper training, policies, procedures and systems in place to prevent over-serving of alcohol and to handle situations with intoxicated patrons appropriately.

Nightclub Negligence Dram Shop Expert Witness Testimony

Nightclub negligence and dram shop laws are legal doctrines that impose liability on nightclubs and bars for injuries or damages caused by intoxicated patrons. Dram shop laws specifically hold establishments liable for serving alcohol to visibly intoxicated individuals. Negligence, on the other hand, involves a broader duty of care that requires nightclubs to take reasonable steps to prevent harm to patrons and others. This includes providing adequate security, monitoring alcohol consumption, and intervening when necessary to prevent foreseeable harm.

When a nightclub or bar is found negligent or in violation of dram shop laws, they may be held liable for damages resulting from a patron’s intoxication, such as injuries sustained in a fight, car accident, or other incident. The scope of liability can extend to both the intoxicated patron and any third parties who are harmed by their actions. In some cases, nightclubs may also face criminal charges if their negligence or violation of dram shop laws contributes to a serious injury or death.

To establish liability under dram shop laws, plaintiffs must typically prove that the establishment served alcohol to a visibly intoxicated person, that the intoxication was a proximate cause of the plaintiff’s injuries, and that the establishment knew or should have known that the person was intoxicated. Negligence claims, on the other hand, require proof that the nightclub failed to take reasonable steps to prevent harm, that this failure was a proximate cause of the plaintiff’s injuries, and that the plaintiff suffered damages as a result.

Responsible Alcohol Service Dram Shop Experts

Responsible alcohol service dram shop laws hold establishments liable for injuries or damages caused by intoxicated patrons who were served alcohol on their premises. These laws aim to deter over-serving and promote responsible alcohol consumption by placing the burden of accountability on businesses that sell or serve alcohol. By imposing civil liability on establishments, dram shop laws incentivize them to implement responsible serving practices, such as training staff to recognize and prevent intoxication, limiting the number of drinks served to customers, and providing food and non-alcoholic beverages. These laws also provide legal recourse for victims of alcohol-related incidents, allowing them to seek compensation for damages such as medical expenses, lost wages, pain and suffering, and wrongful death. Dram shop laws vary in their specific provisions and scope, but they generally share the goal of promoting public safety and reducing alcohol-related harm by holding establishments accountable for the consequences of their actions.

Security Use Of Force Dram Shop Expert

Security Use of Force plays a crucial role in maintaining order and preventing dangerous situations, and they may need to use reasonable force in certain circumstances. However, their use of force must comply with applicable laws, including dram shop laws. Dram shop laws hold establishments that serve alcohol liable for injuries or damages caused by intoxicated patrons. In the context of nightclub security, if an intoxicated patron becomes violent or disorderly, the security personnel must act appropriately to protect others while minimizing liability under dram shop laws. This may involve de-escalation techniques, restraining the patron, or calling for assistance from law enforcement. Proper training and adherence to established protocols are essential for nightclub security to effectively manage such situations while mitigating legal risks. Balancing the need for safety with the potential consequences of excessive force requires a delicate approach, and nightclubs must prioritize responsible security practices to ensure the well-being of their patrons and compliance with dram shop laws.

Contact the Dram Shop Experts to speak with Preston Rideout, Kim Schioldan, or Silver Gordon to learn more about our practice areas, your case details and opportunities for us to do business together.