What kinds of evidence can be used to prove negligence in a liquor liability case?

In West Virginia, evidence used to prove negligence in a liquor liability case often focuses on the behaviors and activities of the establishment that served alcohol prior to a negative event. One form of evidence may be witness testimony from individuals who were present and observed the incident. Witnesses would provide details about who served the alcohol, the quantity served, whether the individual appeared overly intoxicated, and other important details. Video footage showing the incident and activities prior to the incident could also be used as evidence. Documentary evidence, such as receipts of the alcohol purchased, receipts for food, or other documents might also be used to prove negligence. Another form of evidence could be expert testimony. For example, an expert on alcohol consumption could provide evidence regarding the effects of alcohol consumption at certain levels. This would help prove whether an individual was obviously impaired or over-intoxicated at the time of the incident. The expert could also provide evidence regarding the risks associated with serving alcohol to an individual who was already over-intoxicated, and whether this violated industry standards or state laws. It is important to remember that in West Virginia, the burden of proof is on the plaintiff. This means the plaintiff must produce evidence that clearly shows the establishment was responsible and negligent in its duty to serve alcohol. This is why it is important for plaintiffs to have evidence of all the behaviors and activities prior to the incident in order to prove negligence.

What kinds of evidence can be used to prove negligence in a liquor liability case?

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