An incident report for an establishment could be only several paragraphs. It identifies the guest, describes a disturbance, names the responding employees, and records the time management was notified.
For attorneys, this report can raise more questions than it provides answers. Who was supervising the employees in question? Was surveillance footage preserved? Did the property follow standard procedures? Are there any earlier interactions that were not disclosed?
These questions show the need to study the business records of everyday businesses prior to witness testimony in hospitality litigation.
Start with the documents created in Normal Operation
Hospitality businesses generate records for scheduling, training guests service, scheduling and management. While these records weren’t designed to be used in lawsuits, they can be used to identify how a place operated during an incident.
An expert witness in hospitality may review staffing schedules and operating procedures, as well as employee training files and logs of security as well as recordings from surveillance cameras to determine the roles that are assigned to each individual. For instance A written policy could have a manager respond when an employee has a complaint about an drunken guest.
The investigation should determine if the manager was in fact working on the report, if it was communicated, and what response the available evidence documents. It is much more important to evaluate the actual operation than to assume that written instructions were followed or not respected.
The interpretation of restaurant records can be different
Restaurant investigations can be difficult due to the fact that employees have to divide their time between food preparation in the kitchen, serving customers and overseeing the dining room. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine that someone ordered alcohol at the bar, and later transferred to a table. The bar receipt may document the purchase made at the bar, while transactions in the dining room could show subsequent orders.
Those records may not reveal the server’s knowledge of the prior service. Looking over the server assignments, transaction times as well as management notes and employee declarations together will aid in understanding the sequence. It is important to distinguish that the fact that alcohol was sold doesn’t automatically suggest that employees are aware of the presence of alcohol.
Casino Investigations Can Require Different Records
Casinos offer beverage services that are different than those offered by eateries. The addition of complimentary drinks as well as cocktail servers at the casino floor, and security personnel can provide additional information.
A casino expert witness could examine beverage staffing, surveillance footage and security reports. They can also look over the procedures for employee communications. Traditional sales receipts might be insufficient when beverages are complimentary.
In these situations the investigation could depend on surveillance, employee observation and service records, as well as the documented procedures of the property. The expert should be able to spot any limitations in the evidence, and not accept a partial record.
Preserve the Evidence Before It Becomes Unavailable
The preservation of records that are sensitive is a real concern for hospitality litigation. Certain surveillance systems only preserve recordings for a specified period of time. Employee schedules, internal communications and incident records may be kept in different departments or systems. Attorneys should identify and save documents that could be relevant as quickly as they are able.
The extent of the investigation is contingent on the nature of the accusations. The extent of the investigation will depend on the accusations. The targeted reviews will help you determine which documents are necessary without assuming that all departments are involved.
Operations Experience Helps Explain the Paperwork
Preston Rideout, a hospitality professional since 1996, has experience in bartending and nightclub management as well as multi-unit drinks operations. Rideout Hospitality Consulting was established in 2010 and has been providing assistance to hotel, restaurant and resort operators across the United States.
Expert witness testimony in favor of plaintiffs and defendants has covered matters involving casinos, resorts, restaurants, and hotels. The operational background can be useful when interpreting records that may seem simple to someone not familiar with hospitality management.
A staffing schedule includes, for instance, the employees who were given the task of working. Understanding whether those assignments provided appropriate supervision requires knowledge of the service model of the facility and its operational conditions.
To build a stronger case to build a stronger case, ask more questions
A quick review by an expert will help attorneys to distinguish between documents and unresolved issues. It could help uncover additional documents worth requesting, help clarify how depositions are conducted, and determine which employee actions require a closer look.
There are many reasons why discrepancies may not be indicative of an operational issue. There isn’t a single procedure that proves that the right procedures were implemented.
The benefit of expert analysis is to explain the distinctions with relevant evidence and recognized industry practices. Attorneys who are preparing for a hospitality lawsuit could benefit from understanding the business and its staff prior to examining them. This will allow to conduct a thorough review of the events that occurred.