A report of an incident at an establishment could be only several paragraphs. The report lists guests, details the incident, names the employees who responded, and records the time management was notified.
For attorneys, this report might raise more questions than it can answer. Who was the person who was supervising employees who were involved? Was surveillance footage preserved? The facility adhered to its own rules. Are there any previous interactions that were not recorded in the report?
These questions illustrate why it’s important to examine ordinary business records prior to witness testimony in hospitality litigation.
Begin With the Documents Produced During Normal Operations
Records are kept by hospitality companies for scheduling, guest services, training of staff and security management and many more. While these records weren’t intended for litigation, they can help establish how a property functioned in the aftermath of an incident.
A hospitality expert witness will examine the staffing schedules as well operating procedures, the employee’s training records, security logs and monitoring recordings to be aware of the responsibilities delegated to what employees. For example an established policy could call for a supervisor to act to an employee’s report of an drunken guest.
The investigation should establish whether the manager was working, if the report was issued, and from the evidence what the manager’s response was. It is far more crucial to examine the actual performance of the operation rather instead of assuming that written instructions were adhered to or not observed.
There is the need for a different understanding of the restaurant’s record.
The employees are split among the food service, beverage preparation as well as dining-room management. This is a major challenge for investigation into restaurant operations. A Restaurant expert witness will explain how these duties influence the decisions that employees make during service.
Imagine a situation in which a client ordered alcohol from the bar and then moved to tables. The bar receipt may document the initial purchase, whereas the transactions in the dining room could show subsequent orders.
The information in those records might not be revealing the server’s knowledge of the prior service. Looking over the server assignments, transaction times, management notes, and employee declarations together will help to clarify the process. A distinction needs to be made that the fact that alcohol was offered for sale does not indicate that employees were aware of the presence of alcohol.
Casino Investigations might require other records
Casinos operate beverage programs which can be quite different from the standard restaurant service. The inclusion of complimentary drinks as well as cocktail servers on the gaming floor, and security personnel can provide additional information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. Traditional sales receipts may be insufficient when drinks are provided for free.
In such a case the investigation could rely heavily on the surveillance, employee observation and service records, as well as the procedures that are documented for the premises. Experts must identify the limitations of evidence, instead of accepting insufficient records as evidence.
Make sure you keep the evidence until it is no longer available
One issue that can arise when it comes to hospitality litigation is the protection of time sensitive records. Certain surveillance systems can only store the records for a set amount of time. Employee schedules, internal communications, and incident documents may be archivalized in different systems or departments. Attorneys should identify potentially relevant records in the early stages and take the appropriate steps to preserve the records.
It’s all about the nature of the claim. The scope of the investigation will depend on the accusations. Specific reviews can help determine what records are essential without presuming that all departments were involved.
Understanding the paperwork is easier with operational experience
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held roles in management, bartending, as well as beverage operations for several companies. Through Rideout Hospitality Consulting, established in 2010, he has consulted the hotel, restaurant and resort operators throughout the United States and internationally.
He has been an expert witness in cases involving hotels, casinos, resorts and restaurants for both plaintiffs’ and defense counsel. The operational background is beneficial in the interpretation of records that appear straightforward to someone who is not experienced in hospitality management.
A staffing plan will, for instance, identify the employees who were designated to work. Knowing the service model and the operational environment of a building is crucial to establish if the assignments are supervised in a proper manner.
A stronger case starts with Clearer Questions
Early review by experts can assist attorneys in separating established facts from ambiguous issues. It can help determine which documents are worthy of requesting, or clarifying the terminology that is used in depositions.
Not all discrepancies are indicative of an operational issue. Also, not every policy that proves that the correct procedures were observed.
The analysis of a professional in the field of hospitality is useful when it explains these distinctions using relevant evidence and well-known practices. Understanding the business before questioning employees in a hospitality matter can help lawyers prepare an argument that is more precise and reliable examination.