Sanderson v. Rattlesnake Mountain Brewing Co.
Dram Shop
Case Review
Outcome: Settled
Case experience: Dram Shop · Liquor Liability · Bar Operations
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Washington · Apparently intoxicated persons
Washington Dram Shop & Liquor Liability Expert Witness
Ryan Dahlstrom accepts expert-witness engagements in Washington and is retained by attorneys representing plaintiffs and defendants. He evaluates alcohol-service practices, server training, staffing and supervision against hospitality industry standards.
Alcohol Service
Dram Shop and Liquor Liability in Washington
RCW 66.44.200 and Washington common law
RCW 66.44.200 prohibits the sale of liquor to a person apparently under the influence of liquor, and prohibits a person apparently under the influence from purchasing or consuming liquor on licensed premises.
Washington's civil liability is not a self-contained dram shop statute so much as a body of common law built on that prohibition through decades of Washington Supreme Court decisions. A licensee that continued serving a patron who was apparently under the influence can be liable to a third party injured as a result.
Because the standard is apparently under the influence, the dispute is almost always about observability — what the server could see, from where, at what pace, with what staffing. Washington also operates a mandatory server permit scheme, which produces a documentary record of who was trained and what they were trained to recognize.
Server training
MAST — Mandatory Alcohol Server Training. Servers hold a MAST permit; the training covers identification checks, recognizing an apparently intoxicated person, and refusing service. Permits can be revoked for repeated violations.
This summary is general information for counsel, not legal advice. Statutes, regulations and case law change; counsel should confirm the law in effect on the date of loss. Ryan Dahlstrom's opinions address operational practices measured against hospitality industry standards; he does not offer opinions on the law.
Evidence
What Ryan Reviews in a Washington Matter
The evidence set follows the legal standard. Where the statute turns on what was observable, the analysis runs on video, service records and staffing; where it turns on security or premises conditions, it runs on deployment, supervision and incident history.
- MAST permits for staff on shift and the training content itself
- POS and tab records correlated to a service timeline
- Surveillance video for observable indicators
- Staffing, sightlines and service pace at the relevant time
- House policy on cut-offs and refusal of service
- WSLCB enforcement and violation history for the license
Selected Engagements
Representative Settled Washington Matters
Ryan was retained by Clyde & Co US LLP for the defense in Sanderson v. Rattlesnake Mountain Brewing Co., a Washington dram shop matter. Case review; the matter settled.
Questions
Washington — Common Questions from Counsel
What is the standard for liquor liability in Washington?
Service to a person apparently under the influence of liquor, contrary to RCW 66.44.200, with civil liability developed through Washington common law interpreting that prohibition.
What is a MAST permit and why does it matter in litigation?
Mandatory Alcohol Server Training — the Washington server permit scheme administered by the Liquor and Cannabis Board. It produces a record of who was trained, when, and in what, which bears directly on whether staff should have recognized an apparently intoxicated patron.
Does Ryan work for the defense in Washington matters?
Ryan is retained by plaintiff and defense counsel; opinions follow the facts and the applicable standard of care rather than the retaining party.
Other Jurisdictions
Expert Witness Services by State
Ryan Dahlstrom accepts expert-witness engagements in all 50 states.
Washington Matter Under Review?
Submit a case inquiry for a confidential conflicts check and evaluation. Ryan responds to case inquiries within one business day.