A report of an incident at an establishment could be only short, perhaps a couple of paragraphs. It identifies the guest, describes a disturbance, names the responding employees, and records the time management was notified.
An attorney’s report might cause more questions than it answers. Who was accountable for supervising these employees? Was surveillance footage preserved? The facility was following its own policies. Were there earlier interactions that never appeared in the reports?
These questions highlight why litigation involving hospitality often necessitates an examination of standard documents of business before witness testimony begins.
Begin With the Documents Produced in Normal Operation
Hotels and restaurants keep records of guest service, scheduling guest service security, training, and management. They are not made for litigation but they can be used to establish how the property operated during an incident.
A Hospitality expert witness could look over staffing schedules, operational procedures, training files, security logs, and surveillance recordings to understand the roles assigned to various staff members. A written policy may require that the manager take action to an employee who reports an intoxicated customer.
Examining whether or not the manager actually worked in the workplace, whether or not the report was communicated, and the responses confirmed by the evidence is the main objective. The goal is to analyze actual actions rather than to assume that written procedures were either observed or not.
The interpretation of restaurant records can be different
The investigation process in restaurants is difficult due to the fact that employees have to divide their time between food preparation and serving customers as well as overseeing the dining room. A Restaurant expert witness will explain how these duties influence the decisions that employees make in service.
Take a look at a dining-room situation involving an individual who had ordered drinks at a bar before making the move to a table. The bar receipt could be proof of the initial purchase, while the dining-room transaction records show later orders.
The information in those records might not be revealing the server’s knowledge of the previous service. Combining the server assignment the time of transactions, managerial notes, and employee records could help in determining the sequence. There is a distinction to be made that the fact that alcohol was sold does not necessarily indicate that employees have been able to detect intoxication.
Casino Investigations Might require a different set of records
Casinos have beverage programs that are different from those that are offered by restaurants. Free drinks, mobile cocktail servers, gaming floor supervisors as well as extensive security operations are other sources of information.
A professional witness at a casino can review the assignment of staff to drink as well as surveillance footage, security reports and employee communication protocols. The conventional sales receipt may not be correct in the event of complimentary beverages.
In those instances, the investigation may depend more heavily upon surveillance or employee reports, service records, and documenting procedures of the property. The expert also needs to recognize shortcomings in the evidence rather than relying on an uncomplete record as proof of a specific event.
Save the Evidence Prior to It Becomes Unavailable
The preservation of records that are time sensitive is a significant issue for litigation involving hospitality. Recordings from surveillance systems can be retained for a brief time. Different systems or departments may store employee schedules, internal communications as well as incidental documentation. Attorneys should identify potentially relevant documents early and take appropriate steps to secure the records.
The extent of the investigation is contingent on the nature of the allegations. For instance an establishment may need bar and dining room records. A resort incident might need documentation of the event and travel arrangements or security messages. A targeted review can identify the records that are crucial without making assumptions that every department was involved.
Understanding the paperwork is easier when you have experience in the field.
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 hotels, restaurants, and resort operators throughout the United States and internationally.
Expert witness work for him includes issues involving hotels, restaurants resorts, casinos, and restaurants for both defense and plaintiff lawyers. It’s helpful to have an understanding of hospitality management for interpreting documents that look simple to those who are not familiar with the industry.
Staffing schedules, like determine who was assigned to work. Knowing if the assignments offered sufficient supervision requires an understanding of the service model of the facility and its operational conditions.
To make a more convincing case and build a stronger case, you must ask better questions.
Early expert review assists attorneys identify unresolved and documented issues. It can help determine which records are worth requesting or clarifying the terms used to describe depositions.
It is not necessary to demonstrate that a written policy was followed in the event of discrepancies.
The analysis of a professional in the field of hospitality is beneficial when it can explain the distinctions with relevant evidence and well-known practices. Knowing the process prior to interviewing employees in a situation can assist lawyers in preparing cases that have a more precise and credible investigation.