Slips, Trips & Falls at Sea: Applying US Safety Standards
A moving ship is not an excuse for a dangerous deck. We detail how to leverage ADA compliance and ASTM friction standards to defeat the “Perils of the Sea” defense in slip-and-fall litigation.
The CVSSA & Security Negligence: Standards for Passenger Protection
The Cruise Vessel Security and Safety Act (CVSSA) set a new federal baseline. Learn how we analyze security logs and “Duty to Prevent” failures in cases of passenger assault or man-overboard incidents.
Proving Overservice at Sea: Navigating US Federal Maritime Law
Defense counsel often claims state laws don’t apply offshore. We explain how to use Federal Maritime “Reasonable Care” standards and forensic POS data to prove overservice liability in US Courts.
Holiday & Festival Volume Failures: When “Profit” Overrides Protocol
Entertainment districts thrive on high-volume events. St. Patrick’s Day, New Year’s Eve, and city-wide music festivals are often the most profitable nights of the year. However, they are also the nights where the standard of care is most frequently abandoned. In litigation, venues often claim that the chaos of a festival night was “unforeseeable” or […]
The “Dump and Run”: Liability in Patron Ejections & Security Handoffs
In a standalone bar, ejecting an aggressive patron solves the immediate problem. But in a dense entertainment district, an ejection often just moves the problem 50 feet down the sidewalk, creating a new liability exposure for the venue that pushed him out. Defense counsel often argues that once a patron leaves the premises, the duty […]
Defeating the “One Drink” Defense: Forensic Reconstruction of Multi-Venue Intoxication
In an entertainment district case, the defense strategy is almost always identical: diffusion of responsibility. When a catastrophic injury occurs after a patron visits four different bars on a crowded Saturday night, every venue will point the finger at the others. Venue A claims the patron was sober when they left. Venue B claims they […]
When Club Bylaws Prove Negligence
In standard dram shop cases, we measure a venue’s actions against state liquor laws. In private club litigation, there is a second, often more damaging yardstick: the club’s own bylaws. Private clubs pride themselves on high standards of conduct, which are codified in extensive rulebooks, house rules, and membership agreements. When a club fails to […]
The “VIP Member” Liability Trap
In a standard commercial bar, a bartender has the authority—and the legal mandate—to cut off an intoxicated patron. If a customer becomes aggressive, security removes them. In a private club, that dynamic is often inverted. The intoxicated patron is not just a customer; they are a “member,” an owner, and potentially the bartender’s boss. This […]
Defeating the “Social Host” Defense
Private clubs—whether city clubs, yacht clubs, or fraternal orders—often operate under a dangerous misconception: they believe they are immune from Dram Shop liability because they are “private” organizations rather than commercial bars. In litigation, defense counsel frequently leverages the “Social Host” defense, arguing that the club is merely a gathering of friends and not a […]
Underage Alcohol Compliance System Review
Importance of Compliance Systems in Service to Minors Cases Service to minors cases often turn on whether a venue maintained functional compliance systems rather than whether a single employee made an error. Alcohol service environments are complex, fast moving, and subject to regulatory expectations that require consistent enforcement. Expert witness analysis focuses on how compliance […]