A report of an incident at an establishment could be only several paragraphs. The report names guests who were involved, outlines the incident, names the employees who responded, and also records when the management was informed.
As an attorney, that report may cause more questions than it addresses. Who was the person who was supervising employees who were involved? Was surveillance footage preserved? The property was following its own policies. There were earlier interactions which were not reflected in the report?
This is why it is often necessary to review business records prior to when an individual witness is called to testify in a case involving hospitality.
Start with the documents created in normal operation
Records are kept by hospitality companies for scheduling guest services, training of staff and security, as well as management and more. Although these documents weren’t necessarily made to aid in lawsuits, they can be used to establish how a property functioned during an incident.
A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to understand the responsibilities assigned to different personnel. For instance an example, a policy that is official may state that the manager must react when an employee is notified of an intoxicated client.
Investigating whether or not the manager actually worked on the report, whether or no report was communicated, and what response is supported by evidence should be the primary objective. The goal is to evaluate the actual activities rather than inferring that the procedures written down were implemented or not.
Restaurant Records require their own Interpretation
The employees are divided between the food service, beverage preparation customer demands and dining-room management. This presents a problem for investigation into restaurant operations. An expert witness for Restaurants will explain how these duties influence the choices employees take during service.
Take a look at a dining-room situation involving the customer who purchased alcohol at the bar, before changing tables. The bar receipt may be proof of the initial purchase, while the records of dining-room transactions indicate later purchases.
However, those records might not establish what the table server was aware of about the earlier service. The combination of server assignments the time of transactions, managerial notes and employee communications can help clarify the process. An important distinction remains: the fact that alcohol was bought does not mean that employees were aware of intoxication.
Casino Investigations may require different records
Casinos have drink programs that differ from those that are offered by restaurants. Free drinks, mobile cocktail servers, gaming floor supervisors as well as extensive security operations are further sources of information.
An expert witness from a casino can examine beverage staffing, surveillance footage and security reports. They may also review protocols for employee communication. Traditional sales receipts might provide an incomplete account when beverages are complimentary.
In this case an investigation can rely more on surveillance, employees’ observation as well as service records and documented procedures. The expert should also be able to identify any weaknesses in the evidence and not simply accept a faulty report.
Conserve the Evidence before It Becomes Unavailable
Preserving time-sensitive documents is a crucial consideration when it comes to litigation which involves hospitality. Surveillance systems’ records can be retained for a brief period of time. Information about employee schedules and internal communications along with incident-related documentation may be kept by different departments or even systems. Attorneys must identify any relevant records earlier and take the appropriate steps in order to protect them.
It depends on the nature of the claim. For example, a restaurant may need documents for the dining room or bar. A resort incident may need documentation of the event, travel arrangements, or security communications. A specific audit helps determine the relevant records without having to assume that all departments played a role.
The paperwork is the result of the Operational Experience
Preston Rideout is a hospitality veteran with over twenty years of experience. He has held positions in management, bartending and beverage operations for several companies. Rideout Hospitality Consulting was established in the year 2010 and has offered advice to restaurant, hotel and resort operators across the United States.
His work as an expert witness includes matters involving restaurants, hotels, resorts, and casinos for defense and plaintiff counsel. It is helpful to have an understanding of hospitality management in order to understand documents that appear simple for those not experienced in the field.
A staffing schedule is a good example. It lists those who were designated to work. Knowing the model of service as well as operational conditions of a property is crucial to establish if these assignments offer adequate supervision.
The ability to clearly state the issue is the initial step to a more convincing argument
Early expert review helps attorneys differentiate between unresolved and documented problems. It can help identify other records to request, define the terms used in depositions and determine which employee decisions require closer examination.
It is not necessary to demonstrate that a written policy was adhered to if there are differences.
It is important to have an expert’s analysis that demonstrates the distinctions made by utilizing established best practices in the industry and evidence. When lawyers prepare cases involving hospitality, understanding the operations prior to questioning employees can result in a more specific, convincing review of the actual events.