An incident report for an establishment could be only a few paragraphs long. It will include the name of the guest, a description of the issue as well as the names of the personnel who attended to the incident.
For an attorney, that report might bring more questions than it answers. Who was responsible for supervising these employees? Was surveillance footage preserved? Did the property adhere to its established guidelines? Did the property experience any prior interactions that were not recorded in the report.
These questions demonstrate why it is crucial to study the business records of everyday businesses prior to witness testimony in litigation involving hospitality.
Begin by reviewing the documents created during normal operation
The hospitality industry produces records for scheduling, training and guest service, security and administration. Even though the documents were not created to be used in court, they are useful for establishing how a property did during a particular incident.
A hospitality expert witness will examine the staffing schedules along with operating procedures, documents for employee training Security logs, security records and surveillance recordings in order to better know what duties are given to whom. For instance, a written policy might have a manager respond when an employee has a complaint about an drunken guest.
Investigating the incident should determine whether the manager was working or if the report was sent, and in light of the evidence, what was the response. Instead of assuming that procedures were observed or not It is more important to assess how the actual operation actually took place.
The way to interpret restaurant records is different
Restaurant investigations are challenging because employees split their attention between the preparation of beverages, food service the customer’s requests and the management of dining rooms. An expert witness from the restaurant can discuss how these responsibilities affect the decisions employees make during service.
Take a look at a dining-room situation involving customers who have ordered alcohol at a bar before changing tables. The bar receipt can be evidence of the purchase made at the bar, while transactions in the dining room could document subsequent orders.
The information in those records might not be revealing what the server was aware of about the prior service. Combining the server assignments the time of transactions, managerial notes and employee statements can clarify the sequence. It is important to make distinctions: the fact that alcohol was purchased does not mean that employees were intoxicated.
Casino Investigations can require different forms of documentation
Casino beverage plans can be distinct from those at the typical restaurant. Drinks are free, there are mobile cocktail servers, gaming-floor supervisors, and extensive security operations provide further sources of information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. If drinks are offered as a complimentary benefit, traditional sales receipts can be inadequate.
In such a case, an investigation might depend heavily on surveillance evidence, observations of employees and service records, in addition to the procedures documented by the building. Experts should be aware of the weaknesses of evidence instead of accepting insufficient records as evidence.
Make sure you keep the evidence until it is no longer available
The preservation of documents that are time sensitive is an important concern in the context of litigation which involves hospitality. Some surveillance systems only keep the records for a set amount of time. Different departments or systems may keep employee schedules, internal communication as well as incidental documentation. Attorneys need to identify and archive the records that may be pertinent as soon as possible.
It’s all about the nature of the claim. For instance the restaurant might require bar and dining room records. A resort incident might require event documentation, travel arrangements, or security messages. A targeted review helps establish which records are relevant without taking for granted that every department played any part.
Operational Experience helps explain the Paperwork
Preston Rideout has worked in hospitality since 1996. He has experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a company he founded in the year 2010. He has provided advice to the resort, restaurant and hotel owners across the United States.
He has served as an expert witness in a variety of cases involving hotels, casinos, resorts and restaurants for plaintiffs’ and defense counsel. His operational knowledge is helpful when it comes to interpreting data that might seem straightforward to someone who is not familiar with the management of hospitality.
Staffing schedules, such as to identify who has been assigned to work. To determine if these assignments were proper, you need to know what the service model is of the building and its operating conditions.
Clearness in your questions is the initial step to an argument that is stronger
An early expert review can help attorneys discern between documented and unresolved problems. It may also help identify what documents are worth seeking or clarifying the terminology used for depositions.
Not every discrepancy demonstrates an operational flaw however, not every written policy shows that proper procedures were followed.
An expert analysis of hospitality is helpful when it can explain the differences using evidence and industry-recognized practices. When lawyers prepare an investigation into hospitality, knowing the operations prior to questioning employees can lead to a more precise, reliable investigation of what actually happened.