A report of an incident at an establishment could be only short, perhaps a couple of paragraphs. It will include the name of the guest, the description of the incident as well as the names of the personnel who attended to the incident.
The report could raise multiple issues to an attorney. Who was the supervisor of the employees who were involved in this case? Was surveillance footage preserved? Did the property follow established guidelines? Are there any interactions that occurred prior to the property that weren’t documented?
These questions show the reasons why it is sometimes necessary to study business records before an individual witness is called to testify in a lawsuit regarding hospitality.
Begin With the Documents Produced in Normal Operation
The hospitality industry produces records for scheduling, training guests, guest service, security, and administration. Even though these documents weren’t intended for lawsuits, they can be used to establish how a property functioned in the event of a specific incident.
An expert witness in Hospitality may review staffing schedules and operational procedures, education documents, security logs and recordings of surveillance to determine the responsibilities assigned to different staff members. For example the written policy may have a manager respond when an employee has a complaint about an intoxicated guest.
Examining whether or not the manager actually worked and whether or not the report had been communicated and the response evident from the evidence available is the objective. The objective is to assess actual actions rather than to assume that the procedures written down were observed or not.
There is a need for a separate analysis of the restaurant’s registers
Investigations in restaurants are difficult because restaurant employees are required to split their time between food preparation, serving customers, and managing the dining room. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Take a look at an incident that occurred in the dining area that involved an individual who had purchased alcohol at the bar prior to moving to a seat. The bar receipt might document the initial purchase, whereas the dining room transaction records may reveal subsequent purchases.
However, these documents may not prove the information that the tableserver had about the previous service. Examining the server’s assignments, transactions times as well as management notes and employee declarations together will assist in determining the order. It is essential to keep 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 are different from the ones that are offered by restaurants. Additional sources of information are free drinks cocktails, mobile servers for drinks and gaming floor supervisors.
An expert witness from a casino can look over beverage staffing assignments security reports, surveillance footage and employee communication. If the beverages are offered in a free service, traditional sales receipts may be not complete.
In such circumstances the investigation could depend on surveillance records, employee observations and service records as well as the documented procedures of the premises. 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
The preservation of documents that are sensitive is a real concern in hospitality litigation. The records from surveillance systems could be kept for a limited period of time. The information about employee schedules and internal communications as well as incident records can be stored by different departments or even systems. Attorneys must locate and secure potentially relevant records as soon as possible.
It’s all about the type of claim. A restaurant claim may require bar and dining-room records and a resort-related incident could require documentation of the event, transportation arrangements, and security communications. It is possible to locate relevant records through an investigation that is specific, not needing to presume that all departments were involved.
It is easier to understand the paperwork with operational experience
Preston Rideout, a hospitality professional since 1996, has experience in managing nightclubs and bartending as well as multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has since provided assistance to hotel, restaurant and resort operators throughout the United States.
Expert witness testimony for both plaintiffs and defendants has encompassed matters involving casinos, resorts, restaurants, and hotels. This operational background can be helpful when interpreting records that may seem simple to someone not familiar with hospitality management.
Staffing schedules, like you can identify the person who was given the task. Knowing the service model and operational conditions of a property is crucial to establish if these assignments offer adequate supervision.
A Stronger Case Begins With Clarer Questions
An early review by an expert can help lawyers distinguish between evidence-based facts and questions that remain unanswered. It can help identify other records worth requesting, help clarify what the legal terminology is for depositions and determine which employee actions require a closer look.
Every discrepancy is not an operational failure however, not every written policy demonstrates that the proper procedures were followed.
It is important to have an expert’s assessment that shows the distinctions made by utilizing established best practices in the industry and evidence. Attorneys who are preparing for a hospitality lawsuit will benefit from knowing the operations and their employees before conducting an interview with them. This will allow an unbiased investigation of what happened.