An incident report for an establishment could be only one or two paragraphs. It identifies the guest and describes the disturbance and names the employees who responded, and records the time management was notified.
An attorney’s report may raise more questions than it can answer. Who was the supervisor of the employees who were involved in this case? Was surveillance footage preserved? Did the property follow its standard procedures? Did you have any previous interactions that were not disclosed?
These questions demonstrate why it is important to review business records of every day use prior to witness testimony in litigation involving hospitality.
Begin by examining the documents made during normal operations
Records are maintained by hospitality companies for scheduling staff training, guest services and security, as well as management and much more. These documents were not necessarily designed for litigation, but they may be used to determine the operation of the establishment during an incident.
An expert witness in the field of hospitality may examine staffing schedules, and operating procedures, as in addition to employee training files or logs of security and surveillance camera recordings to determine what responsibilities are assigned to each person. Written policies may demand the manager to respond to an employee who reports an intoxicated customer.
The investigation will determine whether the manager was on duty, whether the report was shared, and the response was provided by the evidence. It is important to evaluate the actual operation than to assume that the written instructions were followed or not observed.
There is the need for a different interpretation of the restaurant records
Restaurant investigations are challenging because employees are split between the preparation of beverages, food service the customer’s requests and the management of the dining room. A restaurant expert witness will explain how these duties impact the choices that employees take during service.
Think about a dining-room incident that involves a customer who ordered alcohol at the bar before taking a seat at a table. The bar receipt might document the initial purchase, while the records of dining-room transactions indicate later purchases.
However, these records may not prove the information that the tableserver had about the earlier service. Reviewing all the data like server assignments and time-of-transactions together with the management’s notes and employee declarations can help to understand the sequence. The key difference is: the evidence of alcohol consumption does not mean that the staff member was intoxicated.
Casino Investigations May Require Different Records
Casinos offer beverage services which are distinct from those that are offered by restaurants. The availability of complimentary drinks, cocktail servers at the casino floor and security personnel are all sources of additional information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. If drinks are offered in a free service, traditional sales receipts can be insufficient.
In these circumstances the investigation may rely more on surveillance, employee observation as well as service records and documented procedures. Experts must identify the weaknesses of evidence rather than relying on insufficient data as proof.
Make sure you keep the evidence until it is no longer available
The preservation of documents that are sensitive is an issue for the litigation of hospitality. Surveillance systems can keep records for short periods. Employee schedules, internal communications and incident records may be kept in different departments or in different systems. Attorneys should identify potentially relevant records in the early stages and take the appropriate steps to safeguard the records.
The necessary scope depends on the nature of the claims. The scope of an investigation will be contingent on the allegations. Specific reviews can help determine which documents are necessary and not assume that all departments are involved.
The Paperwork is a Result of operational experience
Preston Rideout, a hospitality professional since 1996, is experienced in nightclub management and bartending as well as multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010 he has advised the hotel, restaurant and resort operators across the United States and internationally.
He has served as an expert witness in cases involving resorts, hotels, casinos and restaurants, for both attorneys representing defense and plaintiffs. It’s useful to have some experience in hospitality management in order to understand documents that appear simple for those not familiar with the business.
A schedule of staffing includes, for instance, those who were designated to work. To determine if those assignments were under sufficient supervision requires an understanding of the property’s service model and operational conditions.
A stronger case starts with Simpler Questions
A thorough review of the expert’s work will help attorneys to distinguish between evidence-based facts and questions that remain unanswered. It could help uncover additional documents to request, define the terms used in depositions and establish which employee decisions require closer examination.
There are many reasons why discrepancies may not be indicative of a failure in operation. Neither is every procedure that proves that the right procedure was followed.
It is the value of an expert’s assessment that shows the distinctions made by utilizing established practice in the field and supporting evidence. Understanding the business before interviewing employees in a case can help attorneys prepare cases that have a more precise and reliable examination.