An incident report for an establishment could be only one or two paragraphs. It identifies the guest and describes the disturbance and identifies the staff who responded, and records the time the management was informed.
The investigation could bring up multiple issues to an attorney. Who was the person who was supervising employees in question? Was surveillance footage preserved? The property followed its own procedures. Are there any previous interactions which were not reflected in the reports?
These questions highlight why hospitality litigation often demands an examination of normal business records before testimony of witnesses begins.
Begin With the Documents Produced During Normal Operations
Hotels create documents for scheduling, training, guest service, security, and administration. While these records weren’t created to be used in litigation but they can be helpful in documenting how a facility performed in the event of a specific incident.
A professional witness in hospitality might review staffing plans and operating procedures, as along with employee training documents as well as security logs, and recordings from surveillance cameras to determine the responsibilities that are given to each employee. For example A written policy could require a manager to respond when an employee has a complaint about an drunken guest.
Investigating the incident should determine whether the manager was involved, if the report was issued, and in light of the evidence, what the response was. It is important to evaluate the actual operation than to presume that written instructions were followed or not observed.
The interpretation of restaurant records is different
The employees are split between the food service, beverage preparation, customer requests and dining-room management. This creates a challenge for restaurant investigations. An expert witness from the restaurant industry can help show how decisions made by employees are affected by these responsibilities.
Consider a dining-room incident involving the customer who purchased alcohol at a bar before changing tables. The bar receipt might document the purchase made at the bar, while dining room transaction records may record subsequent purchases.
However, these records might not establish what the table server was aware of about the earlier service. By examining all of the data including server assignments and transaction times as well as management notes and employee statement will help clarify the order of events. A distinction must be made when it comes to alcohol: the fact that it was sold does not necessarily indicate that employees have been able to detect the presence of alcohol.
Casino Investigations may require different documents
Casino beverage programs are very different from those of the traditional restaurant. The addition of complimentary drinks, cocktail servers on the gaming floor, and security personnel can provide additional information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. Traditional sales receipts could be insufficient when beverages are free.
In such circumstances the investigation could depend heavily on surveillance records, employee observations and service records, in addition to the procedures documented by the building. The expert must also identify shortcomings in the evidence rather than relying on an uncomplete document as evidence of a particular event.
Be sure to save the evidence before it becomes unavailable
Preserving time-sensitive documents is a crucial consideration in the context of litigation involving hospitality. Surveillance systems may retain recordings for short periods. Schedules of employees, internal communications and incident documents may be stored in different systems or departments. Attorneys need to identify relevant documents and take appropriate steps early.
The scope of the investigation depends on the type of accusations. The scope of the investigation will be contingent on the allegations. A specific audit helps determine the relevant records without taking for granted that every department played a role.
Operational Experience Helps Explain the Paperwork
Preston Rideout is a hospitality veteran with more than twenty years of experience. He has held various positions in management, bartending, and beverage operations for several divisions. Through Rideout Hospitality Consulting, established in 2010, he has consulted hotels, restaurants, and resort operators across the United States and internationally.
Expert witness testimony in favor of plaintiffs and defendants has included matters involving casinos, resorts and restaurants as well as hotels. His operational knowledge is helpful when it comes to interpreting data that might appear straightforward to someone unfamiliar with hospitality management.
A staffing schedule, for instance, identifies the individuals who were assigned to work. Being aware of whether the assignments provide the proper supervision requires understanding of the service model of the facility and its operating conditions.
A Stronger Case Begins With Clearer Questions
Early review by experts helps attorneys differentiate evidence-based facts from issues that remain unresolved. It can help determine which documents merit requesting or defining the terms employed in depositions.
Each discrepancy does not indicate an operational error and not every written policy demonstrates that the proper procedures were followed.
An expert analysis of hospitality is beneficial when it can explain the differences using evidence and well-known practices. Attorneys preparing for a lawsuit could benefit from understanding the operations and their employees before interviewing them. This allows for an unbiased analysis of what transpired.