An incident report for an establishment could be only a few paragraphs long. The report identifies the guests, describes the incident, identifies the staff who responded and records the time the management was informed.
This report could raise more questions for attorneys than it is able to be able to. Who was accountable for supervising these employees? Was surveillance footage preserved? The facility adhered to its own rules. Do you know of any prior interactions which were not documented?
These questions illustrate why it is often necessary to examine business records before witnesses testify in a lawsuit regarding hospitality.
Start with the documents created in Normal Operation
Records are maintained by hospitality companies for scheduling staff training, guest services, security, management, and many more. They are not designed for litigation, but they could be used to prove how the facility operated during an incident.
An expert witness in hospitality may review staffing schedules and operating procedures, as also employee training records and logs of security as well as recordings from surveillance cameras to determine what responsibilities are given to each employee. For instance, a written policy might oblige a manager to take action when an employee has a complaint about an intoxicated guest.
Investigating whether or not the manager actually worked and whether or not the report was properly communicated and what response is evident from the evidence available is the main objective. Instead of concluding that the procedures were followed or ignored It is more important to find out what were actually carried out.
Restaurant Records Need Their Own Interpretation
The investigation process in restaurants is difficult because restaurant employees are required to split their time between food preparation in the kitchen, serving customers and managing the dining area. An expert witness in the restaurant industry can help clarify how the decisions of employees affect their decisions based on these responsibilities.
Imagine an incident in a dining room, involving someone who bought alcohol at the bar prior to settling into a table. The bar receipt may record the purchase at the beginning, while the records of dining-room transactions will show subsequent orders.
Those records may not reveal the server’s knowledge of the prior service. The combination of server assignments with the transaction times, management notes, and employee records will help to clarify the order. It is important to make distinctions: the fact that alcohol was purchased does not mean that employees were intoxicated.
Casino Investigations may require different documents
Casinos run beverage programs which can be quite different from the standard restaurant service. Cocktails with complimentary drinks, mobile servers, gaming-floor supervisors, and extensive security procedures create other sources of information.
A Casino expert witness could review beverage staffing assignments, security footage, surveillance reports as well as the rules governing employee communications. The conventional sales receipt may not be accurate in the event of complimentary beverages.
In these circumstances an investigation can rely more on surveillance, employees’ observation, service records and documented procedures. Experts must be aware of the limitations of evidence, instead of accepting insufficient records as proof.
You should keep the evidence up to the point that it’s no longer available
Conserving documents with time-sensitive information is an important concern in the context of litigation involving hospitality. Surveillance systems may retain recordings for only a short time. Information regarding employee schedules and internal communications and incident documents are stored by different departments or by different systems. Attorneys must identify pertinent documents and implement the appropriate steps in the early stages.
The scope of the investigation depends on the nature of the allegations. The extent of an investigation will be contingent on the accusations. It is possible to identify relevant records through an examination that is targeted, without being able to conclude that all departments were involved.
The Paperwork is a Result of Operational Experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010, he has advised restaurant, hotel, and resort operators across the United States and internationally.
He has been an expert witness in trials involving hotels, casinos, resorts and restaurants, for both the defense and plaintiffs. It’s helpful to have an understanding of hospitality management for interpreting documents that look simple for those not familiar with the industry.
A staffing schedule will, for instance, identify the employees who were designated to work. Being aware of whether the assignments provide the proper supervision requires understanding of the property’s service model and operating conditions.
To make a more convincing case, ask better questions
A quick review by an expert will aid attorneys in distinguishing between documents and unresolved issues. It may also help identify what records are worth requesting or clarifying the language that is used in depositions.
The reason for discrepancies is not always because of a malfunction. Also, not every policy that proves the correct procedures were implemented.
An expert analysis of hospitality is useful when it clarifies the distinctions with relevant evidence and well-known practices. Attorneys preparing for a lawsuit will benefit from knowing the company and its employees prior to examining them. This will allow an in-depth review of the events that occurred.