An incident report for an establishment could be only several paragraphs. The report identifies the guest, describes a disturbance and identifies the staff who responded and details the time management was notified.
For an attorney, that report can bring more questions than it addresses. Who was responsible for supervising these employees? Was surveillance footage preserved? Did the property follow its established procedures? Did the property experience any prior interactions that weren’t included in the report.
These questions illustrate why litigation involving hospitality often demands an examination of normal business records before witness testimony begins.
Start by looking through the documents that were created in normal operations
Businesses in the hospitality industry maintain records of scheduling, guest service as well as security, training and management. These records weren’t necessarily created for court proceedings, but they can be used to prove how the property operated during an incident.
A professional witness in hospitality will look at the staffing schedules as well as operating procedures, documents for employee training, security logs and monitoring recordings in order to better be aware of the responsibilities attributable to different employees. For instance A written policy could oblige a manager to take action when an employee reports an drunken guest.
The investigation must determine if the manager was actually working and if the report was distributed, and what response the evidence reveals. The goal is to analyze actual operations rather than assume that the written procedure was observed or not.
Restaurant records require their own Interpretation
The employees are split between the food service, beverage prep customer demands and dining-room management. This poses a challenge for investigation of restaurants. A Restaurant expert witness can provide an explanation of how these responsibilities impact the choices that employees make in service.
Imagine a dining room incident that involved the customer who purchased alcohol at a bar before changing tables. The bar receipt may record the order at first, while records for dining rooms will reflect the orders that were later placed.
The information in those records might not be revealing the server’s knowledge of the previous service. By examining all of the data including server assignments and time-of-transactions, along with management notes and statements from employees, can help to clarify the process. A key distinction is that the evidence of alcohol consumption isn’t necessarily proof that the employee was aware of their intoxication.
Casino Investigations may require different records
Casinos run beverage programs which can be quite different from conventional restaurant service. Additional sources of information are free drinks cocktails, mobile servers for drinks and gaming-floor supervisors.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. The standard sales receipt may not be correct when complimentary drinks are involved.
In these situations an investigation may rely heavily on the surveillance records, employee observations and service records, as well as the procedures that are documented for the facility. Experts should be aware of the limitations of evidence, instead of relying on incomplete records as proof.
Save the Evidence Prior to It is lost forever.
One issue that can arise in litigation involving hospitality is the preservation of time-sensitive records. Some surveillance systems only keep records for a specific period of time. Information about employee schedules, internal communications and other information and incident documents are stored by different departments or even systems. Attorneys must locate and secure documents that could be relevant as quickly as they can.
It is contingent on the type of claim. For instance an establishment may need the records of its dining room and bar. A resort incident may require event documentation such as travel arrangements or security communication. You can locate relevant documents by performing an in-depth review without being able to conclude that all departments were involved.
Operational Experience helps explain the Paperwork
Preston Rideout, a hospitality professional since 1996, has worked in the management of nightclubs and bartending in addition to multi-unit drink operations. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to the hotel, restaurant and resort operators throughout the United States and internationally.
Expert witness testimony in favor of plaintiffs and defendants has covered issues related to resorts, casinos or restaurants, as well as hotels. The operational background can be useful when interpreting records that may seem simple to someone not familiar with hospitality management.
Staffing plans, for instance determine who was given the task. To determine if these assignments were proper you should know the service model of the facility and its operational conditions.
A stronger case starts with Simpler Questions
A thorough review of the expert’s work will help lawyers distinguish between documented facts and unresolved questions. The review can reveal additional records to request, define the terms used in depositions and determine which employee actions require closer examination.
It is not required to demonstrate that a written policy was followed if there are discrepancies.
A professional analysis of hospitality is helpful when it clarifies the differences using evidence and industry-recognized practices. Attorneys who are preparing for a hospitality lawsuit can benefit from a thorough understanding of the company and its employees before interviewing them. This will permit an in-depth review of the events that occurred.