Preston Rideout

Defend and Defeat Texas Dram Shop Prosecution. Texas law provides several defenses that can be used to counter these claims. Some of the common defenses include: Lack of Notice: One defense available to alcohol providers in Texas is the lack of notice regarding the patron’s intoxication. Establishments are not expected to be mind readers, and if a patron was able to conceal their intoxication or exhibited no obvious signs of impairment, the provider may argue that they had no reason to refuse service. Safe Harbor Provision: The Texas Alcoholic Beverage Code includes a Safe Harbor provision that provides protection for alcohol providers in certain situations. If an establishment requires its employees to attend a Texas Alcoholic Beverage Commission (TABC) approved seller training program, and the employee completes the program within 30 days of their hiring date, the business may be entitled to a defense under the Safe Harbor provision. This defense highlights the importance of staff training and education in recognizing signs of intoxication. Intervening Causes: Establishments may also argue that the actions of the intoxicated person were unforeseeable and that an intervening cause was responsible for the injury or damages. For example, if a patron leaves the premises and engages in reckless behavior unrelated to the alcohol they consumed, the establishment may argue that they cannot be held responsible for actions beyond their control. No Causation: Another defense revolves around the concept of causation. Establishments can argue that even if they did serve alcohol to an intoxicated person, their actions were not the proximate cause of the harm suffered. This defense requires a careful examination of the facts surrounding the incident to establish a lack of direct connection between the service of alcohol and the resulting injury. Contributory Negligence: Establishments may assert contributory negligence on the part of the injured party as a defense. If the injured person knowingly continued to consume alcohol or engaged in risky behavior despite obvious signs of intoxication, the provider may argue that the patron shares some responsibility for the outcome. The goal of dram shop laws is to provide victims with legal recourse when individuals are served too much alcohol and then cause injuries. Of course, the ideal situation would be avoiding these incidents altogether, but that does not seem likely given the frequency of alcohol-related accidents, injuries, and deaths. There are some things that businesses can do, however, to ensure compliance with the law, and therefore, reduce the chance of being subject to a dram shop claim. Texas businesses that serve alcohol can take proactive steps to minimize the risk of being involved in dram shop claims. Here are several strategies and best practices: Employee Training: Businesses should ensure that all employees involved in serving or selling alcohol undergo comprehensive training programs approved by the TABC. Training should cover the identification of signs of intoxication, responsible alcohol service, and the legal obligations of alcohol providers. Strict Adherence to Age Verification: Businesses must implement and enforce strict age verification procedures to prevent the sale or service of alcoholic beverages to underage individuals. It is crucial to verify the age of every customer by checking valid identification, such as a driver’s license or state-issued ID card. Establish Clear Policies and Procedures: Businesses can develop and enforce clear policies and procedures for alcohol service within the establishment. This includes guidelines for refusing service to visibly intoxicated patrons, checking identification, and handling situations where customers may be attempting to over-consume. Monitoring and Supervision: Some businesses benefit from implementing a system for monitoring the consumption of alcohol on the premises. Assigning supervisors or managers to oversee alcohol service and intervene when necessary is a positive strategy. Supervisors should encourage employees to communicate with each other and report any concerns about overconsumption. Safe Harbor Provision Compliance: Businesses should take advantage of the Safe Harbor provision provided by the Texas Alcoholic Beverage Code. Ensure that all employees, especially those involved in alcohol service, attend TABC-approved seller training programs within 30 days of their hiring date and periodically thereafter. Limit Alcohol Service Hours: Businesses may consider limiting the hours during which alcohol is served, especially late at night. This can help reduce the likelihood of patrons becoming overly intoxicated during extended hours of operation, or “bar hopping” and drinking at multiple locations. Implement Drink Limit Policies: One way to help avoid overconsumption is implementing policies that limit the number of alcoholic beverages served to an individual. This can be especially important in situations where patrons may be inclined to engage in binge drinking. Promote Alternative Transportation: Businesses that serve alcohol should always encourage the use of alternative transportation options, such as designated drivers, ride share services, or public transportation.

Dram Shop Experts Expands Services to Meet Growing Demand in the South and Southwest United States. The South and Southwest regions are experiencing a boom in nightlife and hospitality venues, increasing the potential for dram shop-related litigation. By expanding services to these areas, Dram Shop Experts aims to fill a critical gap, ensuring attorneys and hospitality professionals have access to reliable expertise to address alcohol-related legal challenges. "Our goal is to empower legal teams and hospitality businesses with the knowledge and tools needed to navigate the complexities of dram shop liability," said Preston Rideout, CEO of Dram Shop Experts. "We are excited to bring our decades of experience to these dynamic regions, helping to promote responsible alcohol service and legal compliance." Please visit dramshopexperts.com or contact Preston Rideout at (662) 466-6045 or [email protected]

8 models, actresses sue Charlotte nightclub for using photos on ads: “Under no circumstance is it ever appropriate for a restaurant, nightclub or bar to use the image or likeness of someone without their permission,” nightclub expert Preston Rideout said. Rideout has more than 30 years of experience in the nightclub and bar industry. He says when it comes to promotions, it is important for clubs to enter into contracts with the people on the ads. “There always needs to be an agreement in terms of advertising using someone’s likeness or image,” he said. “Otherwise it’s misleading.” Rideout says he’s seeing this issue pop up more and more in bars and clubs across the country.

Responsible Alcohol Service is the foundation for intoxication identification, mitigation and prevention. Public safety demands, alcohol servers embrace the risk associated with alcohol service, intoxication, injury and death. Dram Shop compliance and non compliance are the single two best barometers by which the litigation will determine victory or defeat. "While the injured plaintiff accuses the defendant bar of negligent and the defendant bar attempts to demonstrate lawful compliance to responsible alcohol service, a Dram Shop Expert renders an opinion." "Thats What I Do." - Preston Rideout I'm proud to announce I received 108 Alcohol Safety Certifications to further validate why my opinions in deposition or trial. Among Dram Shop Experts, no person in the legal industry has 25 years of experience, operated 65 venues and 108 alcohol safety certifications.

Dram Shop Law and Liquor Liability are legal concepts that holds businesses responsible for serving alcohol to visibly intoxicated individuals or minors who later cause harm. Liquor liability is crucial for ensuring that establishments are accountable for alcohol-related incidents, such as drunk driving accidents and altercations. In this article, we will explore the concept of Dram Shop Liability in depth, understand how it works, discuss important cases, and learn about the challenges involved in proving such claims. Dram Shop Liability is a legal concept holding establishments accountable for serving alcohol to visibly intoxicated individuals or minors who subsequently cause harm. This liability ensures that bars, restaurants, and other entities involved in the sale of alcohol act responsibly to prevent alcohol-related incidents. For example, if a bar serves alcohol to an already drunk patron who then drives and causes an accident, the bar can be held liable for the damages resulting from that accident.

The intricacies of dram shop laws, which hold establishments liable for serving alcohol to visibly intoxicated patrons or minors who then cause harm, have profound implications for both businesses and victims. Through examining case studies, one observes a dual impact. For businesses, these laws underscore the necessity of stringent training programs and policies to prevent over-service. A notable case involved a bar in Texas facing significant financial penalties after a patron caused a fatal accident. Conversely, for victims and their families, these laws offer a recourse for justice and compensation. In Pennsylvania, a family received substantial damages after proving an establishment’s negligence contributed to their loss. These cases highlight the delicate balance between responsibility and accountability within the realm of alcohol service. Navigating the intricate landscape of legal responsibilities under dram shop laws requires a diligent understanding of liability and enforcement mechanisms. These statutes hold establishments like bars, restaurants, and liquor stores accountable for irresponsibly serving alcohol to patrons who subsequently cause harm or damage. The liability extends to incidents involving intoxicated patrons causing accidents, injuries, or fatalities. Enforcement of these laws underscores the importance of rigorous training for staff in responsible service practices and the implementation of policies to prevent over-service. Compliance is critical; failure to adhere can result in severe financial penalties, legal consequences, and damage to reputation. Thus, navigating these legal responsibilities demands a proactive approach to ensure both public safety and the protection of the establishment’s interests. In conclusion, the symbiosis between responsible alcohol service and adherence to dram shop laws plays a pivotal role in fortifying community safety. Establishments that prioritize responsible service not only protect their patrons from harm but also shield themselves from potential legal repercussions. By fostering an environment where alcohol is served judiciously, businesses contribute significantly to preventing alcohol-related incidents and liabilities. Compliance with dram shop laws further underscores this commitment by holding establishments accountable for their role in safeguarding public health and safety.

Do you need DRAM Shop or Liquor Liability expert testimony? Contact Preston Rideout today to discuss your case. Preston is a highly sought-after nightclub consultant and widely considered the leading bar operations expert in the United States.