An incident report for an establishment could be only a few paragraphs long. It contains the name of the guest, a description of the incident, as well as the names of the staff members who responded.
The report can raise more than one question for an attorney. Who was the person who was supervising employees that were involved? Was surveillance footage preserved? Did the property follow established guidelines? Did you have any previous interactions which were not recorded?
These questions demonstrate why it’s important to study the business records of everyday businesses prior to testimony of witnesses in hospitality litigation.
Begin With the Documents Produced in Normal Operation
Records are maintained by hospitality businesses to plan guest services, training for staff and security, as well as management and much more. Even though these documents weren’t intended for litigation, they can help determine the way a property operated during a particular incident.
A Hospitality expert witness can look over staffing schedules, operating procedures, employee education files, security logs, and surveillance recordings to learn the duties assigned to different employees. For instance A written policy could oblige a manager to take action when an employee reports an intoxicated guest.
The investigation must determine if the manager was actually working on the report, if it was communicated, and what response the evidence reveals. It is far more crucial to examine the actual performance of the operation rather than to assume that written instructions were followed or not observed.
Restaurant records require their own Interpretation
The employees are split into the catering, beverage prep customer demands and dining-room management. This poses a challenge for investigation into restaurant operations. A restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Think about an incident in a dining room, involving a patron who purchased drinks at the bar prior to moving to an area to sit. The bar receipt can record the purchase at the beginning, and the transaction records for dining room transactions will show subsequent orders.
The records could not provide what the server was aware of about the prior service. Reexamining server assignments, transaction time notes from management, employee records together can assist in determining the order. It is important to recognize an important distinction: just because alcohol was bought does not mean that employees noticed that they were drunk.
Casino Investigations might require other records
Casinos have drink programs which are distinct from those offered by restaurants. Other sources of information include complimentary drinks, mobile cocktail servers and gaming-floor supervisors.
An expert witness from a casino can analyze beverage staffing and security footage and surveillance. They could also examine processes for employee communication. If drinks are offered as a complimentary service the traditional receipts for sales can be incomplete.
In those circumstances the investigation could rely more heavily on available surveillance and employee observation, service records, and procedure for the property’s documentation. The expert needs to also recognize limitations in the evidence instead of relying on an insufficient document as evidence of a specific event.
Preserve the Evidence Before It is lost forever.
One issue that can arise in the hospitality litigation field is the preservation of time-sensitive records. Surveillance systems might keep records for limited periods. Information regarding employee schedules and internal communication as well as incident documentation could be stored by various departments or systems. Attorneys should be able to spot potentially relevant documents early and take the appropriate steps in order to safeguard the records.
The scope of the investigation varies on the type of allegations. Restaurant claims may need the bar’s and dining room’s records, while a resort incident may require event documentation, transportation arrangements, and security communications. Specific reviews can help determine which documents are necessary and not assume that all departments are involved.
Operational Experience helps explain the Paperwork
Preston Rideout, a hospitality professional since 1996, is experienced in managing nightclubs and bartending as well as multi-unit beverage operations. Rideout Hospitality Consulting is a company he founded in 2010. He has provided advice to the resort, restaurant and hotel operators across the United States.
His expert witness work includes issues involving hotels, restaurants resorts, casinos and hotels for plaintiff and defense counsel. It is helpful to have some experience in hospitality management for interpreting documents that seem straightforward to those who are not experienced in the field.
A staffing schedule can, for example, identify the employees assigned to work. Being aware of whether the assignments provide appropriate supervision requires knowledge of the structure’s service model as well as operational conditions.
To make a more convincing case Ask more pertinent questions
A quick review by an expert will help lawyers distinguish the established facts from ambiguous issues. It can help determine which documents are worth seeking or clarifying the terminology employed in depositions.
Some discrepancies are not indicative of a failure in operation. There isn’t a single policy that proves that the correct procedures were followed.
The benefit of expert analysis is in demonstrating these distinctions using relevant evidence and recognized industry practices. If lawyers are preparing the case for a hospitality client, understanding the business prior to questioning its employees could lead to a more focused, credible review of the actual events.
