Casino Alcohol Overservice expert witness

Surveillance Discovery

The Core Argument: The “Eye in the Sky” Never Blinks

In any other venue, video evidence is a luxury. In a casino, it is a guarantee. Casinos operate the most sophisticated surveillance networks in the world, often with 100% floor coverage. Yet, attorneys frequently accept the excuse: “That camera wasn’t recording” or “The footage was overwritten.”

Do not accept this. We guide counsel on exactly how to draft Preservation Letters and Discovery Requests to secure the footage before it “disappears.”

1. The “Retention Window” Trap (Spoliation)

Most casinos operate on a 7, 14, or 30-day “loop” where old footage is automatically overwritten unless “tagged” for evidence.

  • The Error: Attorneys often ask for footage “of the incident.”

  • The Expert Strategy: You must request footage of the entire timeline of consumption, starting from the moment the patron entered the property. If you only ask for the fight or the fall, you miss the 4 hours of negligent over-service that proves your case. We help you file immediate Spoliation of Evidence warnings to lock down the servers.

2. Specific Angles: What to Ask For

“Surveillance footage” is too vague. You need to request specific feeds:

  • The “Pit” Overhead: High-resolution cameras directly above table games. These allow us to count drinks and see chip stacks.

  • POS/Register Cams: Cameras focused on the bartender’s hands. We use these to see if the patron fumbled for cash, dropped credit cards, or had trouble signing receipts (classic signs of motor control loss).

  • PTZ (Pan-Tilt-Zoom) Logs: Did security manually zoom in on your client? If they did, it proves they noticed something was wrong—but failed to intervene.

3. Decoding “Visible Intoxication” on Video

A layperson sees a drunk guy. An expert sees a Standard of Care violation. We analyze the footage frame-by-frame for specific “Dram Shop Indicators”:

  • Motor Coordination: Fumbling chips, spilling drinks, leaning heavily on the rail for balance.

  • Aggression/Volume: Animated gestures at the dealer or other players (indicating lowered inhibitions).

  • The “Nod”: Drifting off or “nodding out” at a slot machine while a server places another drink next to them.

Conclusion for Attorneys

Surveillance footage is the objective truth of the case, but only if you know how to get it and how to interpret it. We act as your Video Forensics Team, correlating the timestamp on the video with the POS drink orders to create an undeniable timeline of negligence.

Retain the Authority in Casino Dram Shop Litigation
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