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I was at an industry conference and heard Randy Durnal, author of the following article, speak to a group of resort owners, CFO’s and “risk management” people. He gave an excellent presentation regarding managing liquor liability: over-serving, violence, training etc., and had several good points about the role a hotel or travel website serves to help or hurt the chances of winning a liquor liability case.

Trent Blizzard - Blizzard Internet Marketing, Inc.

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Randy Durnal
Alcohol Management Services, Inc.
4400 N. Vereda Rosada
Tucson, AZ 85715

RESPONSIBLE INTERNET ADVERTISING

Liquor liability litigation is fast becoming a desired method to collect monetary damages when the drunk driver is no longer financially viable. While reading this article, consider these internet advertising guidelines to be one of the many things your establishment will have to defend, should a liquor liability law suit be filed against you.

One part of your over all exposure is the Internet site by which you promote your venue. It really doesn’t matter what type of bar, restaurant or hotel you operate, amazingly enough, the majority of the Internet sites I have seen can certainly be used against their ownerse in litigation. This segment of evidence they use against liquor serving establishments is a small portion of a much larger picture. However, it may give an operator something to consider when designing a web page.

Be responsible on your site with these points to consider.

• Do not promote photos illustrating drunken behavior, or behavior which appears inappropriate. Sexual innuendos, youthful adults with shots of alcohol in one hand and a chaser in the other.

• Do not use slogans or fraises that illustrate heavy alcohol consumption being the norm at your establishment. Drink and drown is a catch fraise, but one that exudes drunkenness. Never promote or use the term GET DRUNK anywhere on your site.

• Do not offer coupons, rebates or any other marketing idea by which alcohol consumption is required to enter or win. Inducing people to consume can be viewed as irresponsible.

• Do not offer specialty drinks that are named to illustrate excessive amounts of hard alcohol requiring numerous shots. This only proves that your venue pushes strong drinks, which in turn promote intoxication.

• Web sites are fast becoming exhibits in court when they appear with the aforementioned ideas and the case involves over serving, violence, minors consuming, or all three at one time. Once you begin to understand what the plaintiffs attorneys are looking for you can certainly take steps to make sure you do not help them.

Be pro-active, not re-active. Utilize non-libelous fraises such as drink responsibly and we offer a safe ride program. Promote designated drivers. Align your operation to assure people that your particular venue is for social consumption, not drunkenness. You and your staff should be concerned with your patron’s safety when they enter, while they remain and when they leave. Point that out on your web site. In fact, promote your web site as being a responsible site, adding that your staff limits consumption without signs or symptoms based solely on the amount consumed. For ideas of responsible verses irresponsible web sites, visit various sites on the Internet. View them yourself and question the sites motives and demographics. This article is not intended to keep bars, restaurants and resort venues from making a profit, but the guidelines are impressing upon you that being irresponsible may eventually cost you a great deal of money.

A final point to consider is that regardless of any irresponsible acts or advertising issues, the last thing anyone would want is a death or injury due to over serving. There certainly is a moral issue when consequences occur that you may have been able to prevent.

Mr. Durnal provides expert testimony nationwide regarding the standard of care for bars and restaurants. He assesses policies and procedures as well as training materials. This practice is designed to assist liquor-serving establishments in writing a more responsible program. Randy Durnal also provides speaking presentations in several different areas of civil litigation, which illustrates the strategies, and methods attorneys use to pursue liquor licensees and their employees during civil litigation. You may contact him at 520-298-5910, or via e-mail at dramshop@mindspring.com.

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