An incident report for an establishment could be only short, perhaps a couple of paragraphs. It identifies the guest who caused the disturbance and identifies the staff who responded, and records the time management was notified.
The report may raise multiple issues for an attorney. Who was the supervisor of the employees who were involved in this incident? Was surveillance footage preserved? Did the facility follow its established guidelines? Are there any earlier interactions that were not documented?
These questions demonstrate the need to review business records prior to when witness testimony in a hospitality lawsuit.
Begin With the Documents Produced in Normal Operation
Businesses in the hospitality industry maintain records of scheduling, guest service, training, security and management. These documents were not necessarily created for court proceedings, but they may be used to establish how the facility operated during an incident.
A professional witness in hospitality could review the staffing schedules and operating procedures as along with employee training documents and logs of security and footage from surveillance cameras to determine the roles that are assigned to each person. For instance, a written policy might call for a supervisor to act to an employee who reports an intoxicated guest.
The investigation should establish whether the manager was involved on the incident, if the complaint was issued, and from the evidence what was the response. Instead of assuming that procedures were adhered to or not The goal is to find out what were actually carried out.
There is the need for a different analysis of the restaurant’s registers
Restaurant investigations can be difficult due to the fact that employees have to divide their time between food preparation, serving customers, and managing the dining room. An expert witness from a restaurant can clarify the impact of these responsibilities on the choices taken by employees while they serve.
Consider an incident in the dining area that involved a patron who purchased drinks at the bar prior to taking a seat. The bar receipt can prove the initial purchase while the dining-room transaction records indicate later purchases.
However, the records may not be able to determine what the table server was aware of about the earlier service. Examining the server’s assignments, transactions times notes of management and employee communications together could help to clarify the process. One important point to remember is: the evidence of alcohol consumption does not necessarily mean that the employee was aware of their intoxication.
Casino Investigations may require different records
Casinos have drink programs that are different than the ones that are offered by restaurants. The availability of complimentary drinks, cocktail servers at the casino floor and security personnel can provide additional information.
A casino expert witness may examine beverage staffing, security reports and surveillance footage. They can also look over the procedures for employee communications. When beverages are provided as a complimentary service the receipts from sales traditionally are inadequate.
In such circumstances an investigation can depend heavily on surveillance evidence, observations of employees and service records, in addition to the procedures that are documented for the building. Experts must recognize the weaknesses of evidence rather than accepting incomplete records as proof.
Be sure to save the evidence before it is no longer available
The preservation of documents that are time sensitive is a practical concern in hospitality litigation. Surveillance systems could keep recordings for short periods. Different departments or systems can store employee schedules, internal communications and incidental records. Attorneys must be aware of relevant documents and take appropriate measures early.
It is contingent on what the claim is. For example the restaurant might require bar and dining room records. A resort-related incident could require event documentation, travel arrangements, or security communications. Specific reviews can help determine the records that are crucial without presuming that all departments are involved.
Operational Experience helps explain 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 hotel, restaurant, and resort owners in the United States and internationally.
Expert witness testimony in favor of plaintiffs and defendants has covered matters involving casinos, resorts restaurant, hotels, and casinos. The operational background can be useful when interpreting records that may seem simple to someone not familiar with the management of hospitality.
Staffing schedules, such as, identify who has been assigned to work. To determine if the assignments were appropriate you must know the structure of the facility and its operational conditions.
A more convincing case begins with Clarer Questions
An early expert review can assist attorneys in separating evidence-based facts from issues that remain unresolved. It can identify records that are worthy of requesting and help clarify the terminology that is used in depositions.
There are many reasons why discrepancies may not be indicative of a failure in operation. Neither is every policy that proves the correct procedures were adhered to.
The benefit of expert analysis is in demonstrating these distinctions using relevant evidence and accepted industry practices. If lawyers are preparing the case for a hospitality client, understanding the company prior to questioning its employees can result in a more precise, reliable analysis of what actually transpired.