An incident report for an establishment could be only a few paragraphs long. The report details guests, details the disturbance, names the people who responded, and records when management was notified.
This report could raise more questions for an attorney than it is able to provide an answer. Who was accountable for supervising these employees? Was surveillance footage preserved? Did the facility follow its policies? Did the property have earlier interactions that weren’t recorded in the report.
These questions illustrate the need to look over business records prior to witness testimony in litigation involving hospitality.
Begin with the documents that were created in normal operation
Documents are kept by hospitality companies for scheduling guest services, training for staff and security, management and more. Even though the documents were not created for use in litigation, they are useful for documenting how a facility was able to perform during an incident.
A professional witness in hospitality will examine the staffing schedules and operating procedures as well as employee training records, security logs and surveillance recordings to know what duties are assigned to which personnel. For instance the written policy may have a manager respond when an employee has a complaint about an intoxicated guest.
The investigation should establish if the manager worked, if the report was issued, and in light of the evidence, what was the response. The goal is to evaluate the actual operation rather than assuming that the procedures written down were observed or not.
The interpretation of restaurant records can be different
The employees are split among the food service, beverage preparation as well as dining-room management. This is a major challenge for investigation into restaurant operations. An expert witness from the restaurant can discuss how these responsibilities affect the decisions employees make during service.
Think about a dining-room incident that involves the customer who purchased alcohol at the bar, before making the move to a table. The bar receipt can be evidence of the initial purchase, whereas the dining room transaction records may document subsequent orders.
However, these records may not be able to prove the information that the tableserver had about the previous service. Combining the server assignments the time of transactions, managerial notes, and employee records can clarify the sequence. It is important to recognize the distinction that the fact that alcohol was purchased does not mean that the staff noticed intoxication.
Casino Investigations Can Require Different Records
Casino beverage programs are distinct from those at the traditional restaurant. The inclusion of complimentary drinks, cocktail servers at the casino floor, and security personnel can provide additional information.
A Casino expert witness can review the beverage staffing arrangements, surveillance footage, security reports as well as the rules governing employee communications. If the beverages are offered as a complimentary benefit, traditional sales receipts may be insufficient.
In such a case an investigation can rely on surveillance, employee observation, service records and documented procedures. The expert should be able identify any shortcomings in the evidence, and not just accept an incomplete record.
Keep the evidence until it’s no more available
Documents that have to be saved for time is a crucial consideration in the context of litigation which involves hospitality. Certain surveillance systems can only store records for a specific period of time. The details about employees’ schedules and internal communications and incident documents could be stored by various departments or even systems. Attorneys must identify and preserve documents that could be relevant as quickly as they can.
The scope of the investigation depends on the nature of the accusations. A restaurant claim may require the bar’s and dining room’s records for instance, while a resort event could involve event documentation transport arrangements, as well as security communications. A targeted review helps establish the records that are pertinent without presuming that every department had some role.
Understanding the paperwork is easier with experience from the operational side.
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a company he created in 2010. He has advised restaurant, resort and hotel operators across the United States.
His work as an expert witness includes matters involving hotels, restaurants, resorts, and casinos for plaintiff and defense counsel. This background in operations can be beneficial when interpreting documents that appear straightforward to someone who isn’t familiar with hospitality management.
A staffing plan includes, for instance, those designated to work. Knowing the model of service as well as operational conditions of a property is necessary to determine whether the assignments are supervised in a proper manner.
A better case for your argument starts with More lucid questions
Early expert reviews help lawyers distinguish between documented and unresolved issues. It may identify additional records worth requesting, clarify what the legal terminology is for depositions and determine which employee actions require closer examination.
There are many reasons why discrepancies may not be indicative of an operational issue. Also, not every policy that proves that the correct procedure was adhered to.
An expert analysis of hospitality is helpful when it clarifies these distinctions using relevant evidence and practices that are widely accepted by the industry. Attorneys preparing for a hospitality lawsuit can benefit from understanding the operation and its employees before conducting an interview with them. This will permit an in-depth review of the events that occurred.