Countless bars, restaurants, dram shops, clubs, taverns, discos, and other entertainment hubs nationwide serve alcoholic beverages to customers looking to have a good time. While the hospitality industry embraces celebration and fun, it’s also responsible for keeping patrons safe.
Whether you serve in, manage, or own a chic bar with top-of-the-link alcoholic beverages or a local dram shop, you must be aware of the compliance and safety regulations you’re obligated to adhere to. Nearly every state in the United States has passed the Dram Shop Act, which holds alcohol establishments liable for over-serving liquor to patrons.
So whether you’re a bartender or own a bar, the dangerous or lethal actions of an intoxicated person who was over-served at your establishment can spell trouble for your business. Alcohol expert witnesses at the Dram Shop Experts offer insights into how the Dram Shop Act affects places that serve or sell alcohol.
What is the Dram Shop Act?
From liquor stores to bars, restaurants, taverns, and even stadium vendors, the Dram Shop Act applies to all commercial businesses that serve or sell alcohol. According to the laws, bar owners can be held responsible if an intoxicated person’s reckless behavior is enabled by over-serving.
Third-party victims can file lawsuits against the establishment that served or sold alcohol to a visibly intoxicated or underage person who caused damage or injuries to the victim. Besides a few states, the entire nation actively follows the Act to obligate a higher degree of responsibility for all those directly or indirectly involved in accidents caused by drunk patrons.
But there are certain differences between how every state enforces the laws or things that qualify as violations.
How the Dram Shop Act Defines Underage Drinking
One of the primary rulings of the Dram Shop Act highlights that no establishment must serve alcohol if the customer is under 21 years of age, which is also the federal drinking age.
Since the intoxication of minors is illegal across all states, establishments can lose their licenses if found guilty. You must train the staff to verify the age with ID and other means before selling or serving alcohol. Refusing drinks to someone sounds unpleasant, but serving an already intoxicated person could lead to falls and fights, which can create issues in the club.
Intoxication Identification, Responsible Alcohol Service, and Bartender Training protocols can help minimize conflicts and ensure compliance even during peak hours. Implementing stringent policies for Industry Standard Bar Operations is also important, so servers know how to promptly deal with escalating situations and emergencies.
What the Dram Shop Act Says About Serving Intoxicated Patrons
The nature of this law is such that it’s more open to interpretation. However, an establishment risks being subject to the Dram Shop Act when it serves a ‘visibly intoxicated person.’ You must train staff not to sell or serve alcohol to those exhibiting aggressive, obnoxious, or emotional behavior.
Intoxicated people often have bloodshot eyes, slurred or slow speed, and a lack of coordination, balance, or normal function. Staff must break the news to managers who can guide them further about dealing with the situation without being aggressive or accusatory. They should also prevent intoxicated customers from driving until they’re sober.
Responsible Alcohol Service isn’t just about cutting an intoxicated guest off, measuring the drinks, and refusing service to underage patrons. TIPs, ServSafe, and other training can also help ensure the staff knows how to identify visible signs of intoxication, follow protocols, and know the strategies or techniques to mitigate alcohol’s impact on the body.
Moreover, the door staff can arrange a cab or inform relevant authorities to prevent the person from driving under the influence. They should avoid using force because it’s prohibited in almost all states, but if the situation demands it, the security expert witness at the Dram Shop Experts can help make your stance clear in front of the jury.
As long as it was used as the last resort, expert witness testimonies can help establish that force was only employed to prevent an unruly drunk patron from causing an accident. You can discuss important aspects of the Dram Shop Act and other laws concerning your business with expert consultants at the Dram Shop Expert.
Their experienced professionals, Silver Gordon, Kim Schioldan, and Preston Rideout, can guide you about the best practices, training protocols, and other complexities that impact safety at clubs, bars, taverns, and discotheques. Preston’s bartender training manual and many other Alcohol Safety certifications make the team an expert.
Their team understands the complexities of cases pertaining to nightlife and bar negligence and is experienced in expert witness testimonies. They can also help you learn the specific laws set by the state concerning such establishments.
If your attorney has suggested the services of an experienced bar expert witness, consider partnering with the Dram Shop Experts for alcohol-related litigations stemming from wrongful death, premise liability, or personal injury.
They provide detailed reports and unbiased opinions because they’re not affiliated with any involved parties. Their views are credible, objective, and fair. Expertise in the industry makes them valuable to cases requiring a deep understanding of the nightlife industry and its associated problems.
The team of legal experts has operated over 250 nightclubs, bars, casinos, taverns, and hotels in America over the last three decades. You can read their reviews or call them at (662) 466-6045 to book a free consultation for their expert witness service. Their extensive clientele means they’re the Experts for everything related to liquor liabilities!
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