A report of an incident at an establishment could be only several paragraphs. It includes the name of the guest, the description of the disturbance as well as the names of the people who were involved in the incident.
The report may raise multiple issues to an attorney. Who was supervising the employees involved? Was surveillance footage preserved? The property adhered to its own rules. Are there any previous interactions which were not reflected in the report?
These questions illustrate the reason why it’s often necessary to look over business records prior an individual witness is called to testify in a lawsuit involving hospitality.
Start With the Documents Created in Normal Operation
Documents are kept by hospitality businesses to plan guest services, staff training and security, management and many more. Even though these documents were not designed to be used in court, they are useful for the purpose of determining how a place did during a particular 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. As an example one policy may specify that the supervisor must respond if an employee is notified of an intoxicated client.
The investigation must determine if the manager was actually working and if the report was shared, and the response was provided by the evidence. Instead of simply assuming that processes were followed or ignored The goal is to find out what actually took place.
Restaurant Records Need Their Own Interpretation
The investigation process in restaurants is difficult because employees must divide their time between food preparation serving customers, as well as overseeing the dining room. An expert witness from the restaurant will explain how these duties influence the choices employees make when they serve.
Imagine a situation in which a client ordered alcohol at the bar, and later transferred to a table. The bar receipt might document the initial purchase, while dining room transaction records may record subsequent purchases.
However, these records may not prove the information that the tableserver had about the prior service. The combination of server assignments, transaction time, management notes, and employee declarations can clarify the sequence. There is a distinction to be made that the fact that alcohol was sold does not necessarily suggest that employees are aware of the presence of alcohol.
Casino Investigations May Require Different Records
Casinos run beverage programs which differ from conventional restaurant service. Other sources of information are free drinks, mobile cocktail servers and gaming-floor supervisors.
An expert witness from a casino can review beverage staffing assignments, security reports, surveillance footage and employee communications. The traditional sales receipt may not be true in the event of complimentary beverages.
In these circumstances, the investigation may depend more heavily on surveillance records, employee observations, service records, and the process of the property’s documents. The expert must also identify any weaknesses in the evidence, instead of taking an insufficient document as evidence of a specific event.
Save the evidence until it’s no longer available
The preservation of documents that are time sensitive is a practical concern for litigation involving hospitality. Surveillance systems may retain recordings for limited periods. Employee schedules, internal communications and incident documents may be archivalized in different departments or in different systems. Attorneys need to identify and archive the records that may be pertinent as soon as is possible.
The appropriate scope will depend on the allegations. The extent of the investigation will depend on the accusations. A targeted review helps establish the records that are pertinent without presuming that every department had a role.
Understanding the paperwork is easier with operational experience
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held various positions in management, bartending, as well as beverages operations in a variety of businesses. Rideout Hospitality Consulting was established in 2010 and has been providing advice to restaurant, hotel and resort operators across the United States.
He has been an expert witness in a variety of cases involving resorts, hotels, casinos as well as restaurants for plaintiffs’ and defense counsel. That operational background is useful when it comes to interpreting data that might seem straightforward to someone who is not familiar with hospitality management.
Staffing schedules, like, identify who has been given the task. Being aware of whether the assignments provide appropriate supervision requires knowledge of the structure’s service model as well as operational conditions.
The ability to clearly state the issue is the initial step to stronger arguments
Early expert review helps attorneys differentiate documented facts from unresolved issues. It may also help identify what documents are worth seeking or clarifying the terms that is used in depositions.
Every discrepancy is not an operational flaw or a lack of written policy shows that proper procedures were followed.
An expert analysis of hospitality is beneficial when it clarifies the distinctions with relevant evidence and recognized practices. Attorneys preparing for a hospitality lawsuit could benefit from understanding the business and its staff prior to examining them. This will enable a more focused analysis of what transpired.