An incident report for an establishment could be only several paragraphs. The report lists guests who were involved, outlines the disturbance, names the staff who responded and records the time the management was informed.
As an attorney, that report might cause more questions than it provides answers. Who was the person who was supervising employees involved? Was surveillance footage preserved? The facility adhered to its own rules. Are there any previous interactions that weren’t recorded in the report?
These questions show the reasons why it is sometimes necessary to examine business records before witness testimony in a hospitality lawsuit.
Start With the Documents Created in Normal Operation
Hotels and restaurants maintain records of scheduling, guest service along with security and management. Even though these documents were not intended for use in litigation They are helpful for understanding how a business performed during a specific 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 specify that the supervisor must react when an employee is notified of an intoxicated client.
Examining whether or not the manager was actually working in the workplace, whether or not the report was distributed and what response is evident from the evidence available is the objective. The objective is to assess actual operations rather than assume that written guidelines were followed or ignored.
The way to interpret restaurant records is different
Restaurant investigations are challenging because employees are split between the preparation of beverages, food service as well as customer demands and the management of dining rooms. An expert witness from the restaurant industry can help demonstrate how decisions made by employees affect their decisions based on these responsibilities.
Imagine a scenario where the client purchased alcohol from the bar and then moved to a table. The bar receipt may document the initial purchase, whereas the dining room transaction records may show subsequent orders.
However, the records may not reveal what the table server knew about the earlier service. Examining the server assignments, transaction times, management notes, and employee records together can help clarify the sequence. It is important to make the distinction that just because alcohol was bought does not mean that staff was intoxicated.
Casino Investigations May require different documents
Casino beverage programs can be very different from those of the traditional restaurant. Other sources of information include complimentary drinks as well as mobile cocktail servers, and gaming-floor supervisors.
A Casino expert witness may review the beverage staffing arrangements, security footage, surveillance reports and employee communication. The traditional sales receipt may not be accurate in the event of complimentary beverages.
In those instances the investigation might rely more heavily on available surveillance, employee observations, service records, and process of the property’s documents. The expert should also be able identify any shortcomings in the evidence, and not be content with an insufficient document.
Conserve the Evidence before It Becomes Unavailable
The preservation of records that are sensitive is a real concern for litigation involving hospitality. Surveillance systems’ records can be retained for a brief time. Different systems or departments may archive employee schedules, internal communications and incidental documents. Attorneys need to identify and archive the records that may be pertinent as soon as they are able.
The required scope is determined by the accusations. The scope of an investigation will be contingent on the allegations. A focused review will help identify the records that are pertinent without assuming every department played any part.
Making sense of paperwork is much easier when you have operational experience
Preston Rideout is a hospitality veteran with more than twenty years of experience. He has held positions in management, bartending and beverages operations in a variety of units. Rideout Hospitality Consulting is a company he created in 2010. He has provided advice to restaurant, resort and hotel operators across the United States.
Expert witness testimony on behalf of plaintiffs and defendants has encompassed matters that involved resorts, casinos, restaurants, and hotels. His operational knowledge is helpful when it comes to interpreting data that might appear simple to someone unfamiliar with the management of hospitality.
A staffing plan, for instance, identifies the employees given the task. The service model and operating conditions of the property is vital to determine if the assignments are supervised in a proper manner.
Clarity in the questions is the first step towards stronger arguments
Early expert review helps attorneys differentiate evidence-based facts from issues that remain unresolved. It will help identify documents that are worth requesting and clarify the terminology used in depositions.
It is not necessary to prove that a policy written was followed in the event of differences.
The benefit of expert analysis is to explain these distinctions using relevant evidence and accepted industry practices. If lawyers are preparing an investigation into hospitality, knowing the company prior to questioning its employees can lead to more precise, reliable investigation of what actually happened.
