An incident report for an establishment could be only short, perhaps a couple of paragraphs. It identifies the guest who caused the disturbance, names the responding employees, and records the time the management was informed.
The investigation could bring up multiple questions to an attorney. Who was in charge of supervising the employees that were involved? Was surveillance footage preserved? The property was following its own policies. Did the property experience any prior interactions that weren’t included in the report.
These questions demonstrate why it’s important to review business records of every day use prior to witness testimony in litigation involving hospitality.
Begin with the documents that were created in normal operation
The hospitality industry’s businesses keep track of schedules, guest service security, training, and management. Even though the documents weren’t created to be used in litigation however, they can be useful in establishing how a property did during a particular incident.
A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to understand the responsibilities assigned to different personnel. As an example one policy may state that the manager must respond when an employee notifies them of a drunk client.
Examining whether or not the manager actually worked, whether or not the report had been communicated and the response supported by evidence should be the primary objective. Instead of simply assuming that processes were adhered to or not The goal is to assess how the actual operation actually transpired.
The interpretation of restaurant records may be different
Restaurant investigations can be difficult due to the fact that employees have to divide their time between food preparation, serving customers, and overseeing the dining room. A Restaurant expert witness can explain how these responsibilities influence the choices employees make in service.
Imagine a scenario in which a client ordered alcohol at the bar before being moved to tables. The bar receipt may confirm the initial order while the dining room records will document the later orders.
However, those records might not provide a clear picture of what the server at the table knew about the prior service. Looking over the server assignments, transaction times notes from management, employee declarations together will assist in determining the order. It is essential to keep a distinction: the fact that alcohol was purchased does not mean that staff noticed intoxication.
Casino Investigations may require different records
Casinos offer beverage services which can be quite different from standard restaurant service. The additional drinks that are complimentary and cocktail servers on the gaming floor and security personnel can provide additional information.
A Casino expert witness could review the beverage staffing arrangements, security footage, surveillance reports and the procedures that govern employee communications. When beverages are provided as a complimentary service, traditional sales receipts may be insufficient.
In such a case the investigation may rely more on surveillance, employee observation as well as service records and documented procedures. Experts must be aware of the weaknesses of evidence instead of accepting insufficient records as proof.
You should keep the evidence up to the point that it’s no longer available
Conserving documents with time-sensitive information is an important concern when it comes to lawsuits related to hospitality. Some surveillance systems only keep records for a specific period of time. Different departments or systems could store employee calendars, internal communications and incidental documents. Attorneys need to identify relevant records and take the appropriate actions early.
The necessary scope depends on the nature of the claims. A restaurant claim may require documentation for dining and bar areas as well as a resort incident could need documentation for the event along with transportation arrangements, and security communications. Targeted reviews help identify which documents are necessary without assuming that all departments were involved.
The process of preparing paperwork is simpler with operational experience
Preston Rideout is a hospitality veteran with over 20 years of experience. He has held roles in bartending, management and beverage operations for multiple divisions. Rideout Hospitality Consulting was established in 2010 and has been providing assistance to hotel, restaurant and resort operators throughout the United States.
Expert witness work for him includes matters involving restaurants, hotels resorts, casinos, and resorts for both defense and plaintiff lawyers. It’s beneficial to have some experience in hospitality management when interpreting documents that seem straightforward to those who aren’t familiar with the business.
A schedule of staffing will, for instance, identify the employees who were assigned to work. To determine if the assignments were appropriate, you need to know the structure of the facility and its operational conditions.
A Stronger Case Begins With More lucid questions
Early expert review helps attorneys distinguish between documented and unresolved issues. The review can reveal additional records that are worth seeking, clarify the what the legal terminology is for depositions and determine which employee decisions need closer scrutiny.
Not every discrepancy demonstrates an operational failure and not every written policy demonstrates that the proper procedures were observed.
A professional analysis of hospitality is useful when it clarifies the distinctions with relevant evidence and well-known practices. Understanding the business before interviewing employees in a case can assist attorneys in preparing a case with a more precise and credible investigation.
