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 management was notified.
This report may bring up more questions for attorneys than it will be able to be able to. Who was in charge of supervising the employees who were involved? Was surveillance footage preserved? The property adhered to its own rules. Do you know of any prior interactions which were not reported?
This is why it is often necessary to look over business records prior an individual witness is called to testify in a hospitality lawsuit.
Begin by looking over the documents that were produced during normal operation
The hospitality industry’s businesses keep records of guest service, scheduling guest service security, training, and management. Although they weren’t intended for legal proceedings, they may help establish how a property functioned in the aftermath of an incident.
An expert witness in hospitality might review staffing plans and operating procedures, as well as employee training files, logs of security, as well as recordings from surveillance cameras to determine the responsibilities that are assigned to each individual. For example the written policy may have a manager respond to an employee’s report of an drunken guest.
In the course of investigating the incident, it is important to determine whether the manager was in charge or if the report was issued, and in light of the evidence, what the manager’s response was. Instead of assuming that procedures were followed or ignored it is important to evaluate how actual operations actually transpired.
There is a need for an independent interpretation of the restaurant records
The employees are split among the catering, beverage prep as well as customer service and dining room management. This creates a challenge for investigation into restaurant operations. An expert witness from the restaurant industry can help clarify how the decisions of employees are influenced by these duties.
Think about an incident in the dining room involving the patron who bought drinks at the bar prior to taking a seat. The bar receipt could be proof of the initial purchase, while the records of dining-room transactions indicate later purchases.
But, these records may not establish what the server at the table knew about the previous service. Examining all the information together including server assignments and time-of-transactions together with the management’s notes and statements from employees could help in determining the process. It is crucial to note a distinction: the fact that alcohol was purchased doesn’t mean the staff noticed intoxication.
Casino Investigations Might require a different set of records
Casinos offer beverage services that differ significantly from the standard restaurant service. The inclusion of complimentary drinks and cocktail servers on the gaming floor, and security personnel are all sources of additional information.
A casino expert witness could examine beverage staffing, security footage and surveillance. They can also look over the procedures for employee communications. If the beverages are offered in a free service, the receipts from sales traditionally are incomplete.
In those circumstances the investigation will rely more heavily on available surveillance or employee reports, service records, and property’s documented procedures. Experts should be aware of the weaknesses of evidence rather than accepting incomplete records as evidence.
Keep the evidence in place until it’s unavailable
One issue that can arise in hospitality litigation is the preservation of time-sensitive documents. Surveillance systems may retain recordings for limited periods. The details about employee schedules, internal communications and other information as well as incident documentation could be stored by various departments or by different systems. Attorneys should be able to locate relevant documents and implement the appropriate measures early.
It’s dependent on the nature of the claim. For instance the restaurant might require the records of its dining room and bar. A resort incident may need documentation of the event such as travel arrangements or security communication. It is possible to identify relevant records by conducting an examination that is targeted, without being able to conclude that all departments were involved.
Operational Experience Aids in Explaining the Paperwork
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 owners in the United States and internationally.
He has served as an expert witness in a variety of cases involving resorts, hotels, casinos and restaurants, for both the defense and plaintiffs. The operational background can be useful in the interpretation of records that seem simple to someone not familiar with hospitality management.
Staffing plans, for instance you can identify the person who was assigned to work. Understanding the model of service and the operational environment of a building is vital to determine if the assignments are supervised in a proper manner.
To build a stronger case and build a stronger case, you must ask better questions.
Early review by experts can assist attorneys in separating documents from unresolved issues. It may also help identify what documents are worth seeking or clarifying the language used for depositions.
Not every discrepancy demonstrates an operational error, and not every written policy proves that appropriate procedures were adhered to.
The analysis of a professional in the field of hospitality is valuable in demonstrating these distinctions based on relevant evidence and well-known practices. If lawyers are preparing a hospitality case, understanding the company prior to questioning its employees could lead to a more precise, reliable analysis of what actually transpired.