A report of an incident at an establishment could be only several paragraphs. It describes the guest as the source of the incident, describes the incident and names the employees who responded and details the time management was notified.
The report can raise multiple issues for an attorney. Who was responsible for supervising these employees? Was surveillance footage preserved? Was the property following its procedures? Did the property experience any prior interactions that weren’t included in the report.
These questions show the reasons why it is sometimes necessary to study business records before witness testimony in a lawsuit involving hospitality.
Start with the documents created in Normal Operation
Records are maintained by hospitality firms to record scheduling guest services, training for staff and security management and many more. While these records were not designed to be used in litigation They are helpful for the purpose of determining how a place performed during a specific incident.
A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and recordings of surveillance to determine the roles assigned to various employees. For instance the written policy may have a manager respond when an employee reports an intoxicated guest.
The investigation into whether or not the manager was actually working and whether or not the report was properly communicated and what response is confirmed by the evidence is the main objective. It is more important to evaluate the actual operation than to presume that written instructions were adhered to or not observed.
The way to interpret restaurant records is different
The investigation process in restaurants is difficult due to the fact that employees have to divide their time between cooking food, serving customers, and managing the dining area. A restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a situation in which the client purchased alcohol from the bar and was transferred to tables. The bar receipt can prove the initial purchase while the dining-room transaction records will show subsequent orders.
However, these documents may not confirm what the tableserver was aware of about the earlier service. By examining all of the data like the server’s assignments and times of transactions together with the management’s notes and statements from employees, can help to clarify the sequence. A distinction must be made when it comes to alcohol: the fact that it was offered for sale does not suggest that employees are aware of the presence of alcohol.
Casino Investigations may require different records
Casino beverage programs are quite different from the ones of the typical restaurant. Additional sources of information include free drinks as well as mobile cocktail servers, and gaming-floor supervisors.
A casino expert witness may review beverage staffing, security footage, and surveillance videos. They can also look over processes for employee communication. Traditional sales receipts might provide an incomplete account when beverages are complimentary.
In such circumstances the investigation could depend heavily on surveillance evidence, observations of employees and service records, in addition to the procedures that are documented for the property. The expert should also be able to identify any shortcomings in the evidence and not simply accept a faulty document.
You should keep the evidence up to the point that it is no longer available
The preservation of records that are sensitive is a real concern for the litigation of hospitality. Certain surveillance systems can only store recordings for a certain period of time. Information regarding employee schedules and internal communications as well as incident documentation can be stored by different departments or even systems. Attorneys should be able to spot potentially relevant records earlier and take the appropriate steps in order to protect them.
The appropriate scope will depend on the facts. For instance an establishment may need bar and dining room records. A resort incident might require event documentation and travel arrangements or security communication. Targeted reviews help identify which records are important without assuming that every department was involved.
The Paperwork is a Product of the Operational Experience
Preston Rideout is a hospitality veteran with more than twenty years of experience. He has held various positions in bartending, management and beverages operations in a variety of companies. Through Rideout Hospitality Consulting, established in 2010, he has consulted hotel, restaurant, and resort owners in the United States and internationally.
Expert witness work for him includes issues involving hotels, restaurants resorts, casinos, and resorts for both defense and plaintiff lawyers. It’s helpful to have some experience in hospitality management to interpret documents that look simple to those who are not experienced in the field.
A staffing plan is one example. It identifies who was given the task. The service model and operating conditions of the property is crucial to establish if these assignments provide appropriate supervision.
To make a more convincing case to build a stronger case, ask more questions
Early expert reviews help lawyers distinguish between documented and unresolved issues. The review can reveal additional records worth requesting, clarify operational terminology for depositions, and establish which employee decisions require a closer look.
Not all discrepancies are indicative of a malfunction. There isn’t a single policy that proves the correct procedure was adhered to.
The analysis of a professional in the field of hospitality is beneficial in demonstrating these distinctions based on relevant evidence and industry-recognized practices. For attorneys preparing a hospitality case, understanding the business prior to questioning its employees can lead to a more precise, reliable analysis of what actually transpired.