An incident report for an establishment could be only several paragraphs. The report names guests, details the incident, names the staff who responded and records the time the management was informed.
The report may raise more than one question to an attorney. Who was responsible for supervising these employees? Was surveillance footage preserved? Did the property follow prescribed procedures? Did the property experience any prior interactions that were not recorded in the report.
These questions show the reasons why it is sometimes necessary to look over business records prior an individual witness is called to testify in a lawsuit involving hospitality.
Start with the documents created during normal operations
The hospitality industry produces records for scheduling, training and guest service, security and management. Although they weren’t designed to be used in lawsuits, they can be used to establish how a property functioned during a particular incident.
A hospitality expert witness will scrutinize the scheduling schedules for staff along with operating procedures, employees’ training records Security logs, security records and surveillance recordings in order to better know what duties are given to whom. A written policy may require managers to address an employee who reports an intoxicated customer.
Examining the incident will determine whether the manager was working, if the report was issued, and from the evidence what was the response. It is far more crucial to look at actual actions than to presume that the written instructions were followed or not followed.
Restaurant Records Must Have Their Own Interpretation
Investigations in restaurants are difficult due to the fact that employees have to divide their time between food preparation, serving customers, and managing the dining room. A restaurant expert witness is able to describe the effect of these responsibilities on decisions made by employees during service.
Consider a dining-room incident involving an individual who had ordered drinks at the bar prior to moving to a table. The bar receipt may document the first purchase while the dining room transaction records may record subsequent purchases.
But, these records may not be able to determine what the table server knew about the prior service. The combination of server assignments the time of transactions, managerial notes, and employee records can clarify the sequence. It is important to make the distinction that simply because alcohol was consumed does not mean that staff noticed intoxication.
Casino Investigations may require different records
Casinos offer beverage services that can differ substantially from standard restaurant service. Other sources of information are complimentary drinks serving mobile cocktails, mobile cocktail servers as well as gaming floor supervisors.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. Traditional sales receipts may not provide a complete account when drinks are provided for free.
In these circumstances, the investigation could rely on surveillance, employee observation or service records as well as documented procedures. The expert must also be able recognize any weaknesses in the evidence, and not accept a partial document.
Save the evidence before it’s no longer available
One practical concern in hospitality litigation is the preservation of time sensitive documents. The records from surveillance systems could be kept for a limited period of time. Schedules of employees, internal communications, and incident documents may be stored in different systems or departments. Attorneys need to identify relevant records and take the necessary steps in the early stages.
The necessary scope depends on the allegations. For instance an establishment may need documents for the dining room or bar. A resort-related incident could need documentation of the event and travel arrangements or security messages. It is possible to find relevant documents by performing a targeted review, without having to assume that every department was involved.
The Paperwork is a result of the Operational Experience
Preston Rideout has worked in hospitality since 1996. He has expertise in bartending, nightclub management, and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010, he has consulted hotel, restaurant, and resort operators across the United States and internationally.
His work as an expert witness includes issues involving hotels, restaurants resorts, casinos and hotels for defense and plaintiff counsel. It’s useful to have a background in hospitality management in order to understand documents that seem simple to those who are not familiar with the industry.
A schedule of staffing is a good example. It lists the employees who were designated to work. Understanding the model of service and the operational environment of a building is essential to know if the assignments are supervised in a proper manner.
A stronger case starts with Clearer Questions
A quick review by an expert will help lawyers distinguish the established facts from ambiguous issues. It will help identify documents that are worthy of requesting and help clarify the terminology that is used in depositions.
There are many instances of an operational flaw, and not every written policy shows that proper procedures were observed.
It is the significance of an expert’s analysis which demonstrates the distinctions made by utilizing established practice in the field and supporting evidence. Knowing the process prior to interviewing employees in a matter can help lawyers prepare a case with a more precise and credible investigation.