An incident report for an establishment could be only a few paragraphs long. It identifies the guest who caused the disturbance and identifies the staff who responded and details the time management was notified.
For attorneys, this report can raise more questions than it provides answers. Who was the person who was supervising employees involved? Was surveillance footage preserved? The facility had its own procedure. Were there earlier interactions which were not reflected in the report?
These questions illustrate why it is important to study the business records of everyday businesses prior to witness testimony in hospitality litigation.
Begin with the Documents that were created During Normal Operations
Hotels create documents for training, scheduling, guest service, security, and management. While these records weren’t intended for litigation, they can help identify how a place operated in the aftermath of an incident.
A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to understand the responsibilities assigned to different personnel. For instance A written policy could have a manager respond when an employee has a complaint about an intoxicated guest.
The investigation should establish whether the manager was in fact working, whether the report was shared, and the responses were provided in the evidence. Instead of concluding that the procedures were not followed or not it is important to determine what actual actions actually took place.
The way to interpret restaurant records is different
The employees are split between the catering, beverage prep as well as dining-room management. This creates a challenge for investigation of restaurants. An expert witness for Restaurants will explain how these duties influence the decisions that employees make when they serve.
Think about an incident in a dining room, involving a patron who purchased alcohol at the bar prior to moving to an area to sit. The bar receipt can be evidence of the initial purchase, while dining room transaction records may record subsequent purchases.
The records could not provide the server’s knowledge of the prior service. Examining all the information together such as servers assigned and transaction times as well as management notes and employee statement can help to understand the sequence. The key difference is: the evidence of alcohol consumption does not necessarily mean that the staff member was intoxicated.
Casino Investigations may require different records
Casino beverage programs can be significantly different from those offered by the traditional restaurant. Other sources of information include free drinks, mobile cocktail servers and gaming-floor supervisors.
A professional witness at a casino can look over the staffing assignments for beverages along with surveillance footage, security reports and employees’ communication methods. The traditional sales receipt may not be true when complimentary beverages are involved.
In these situations the investigation may rely more heavily on surveillance, employee observation service records, and other documented procedures. The expert must be able identify any weaknesses in the evidence, and not be content with an insufficient record.
Keep the evidence until it’s no longer available
A major concern in litigation involving hospitality is the protection of time sensitive records. Certain surveillance systems can only store recordings for a certain period of time. Different departments or systems could save employee schedules, internal communication and incidental records. Attorneys should identify and save potentially relevant records as soon as is possible.
The scope of the investigation varies on the nature of the allegations. For example, a restaurant may need bar and dining room records. A resort incident may need documentation of the event, travel arrangements, or security communications. Specific reviews can help determine which records are important without presuming that all departments were involved.
Operations Experience Helps Explain the Paperwork
Preston Rideout, a hospitality professional since 1996, has worked in managing nightclubs and bartending in addition to multi-unit drink operations. Through Rideout Hospitality Consulting, established in 2010 he has advised restaurant, hotel, and resort operators across the United States and internationally.
Expert witness testimony for plaintiffs and defendants has covered matters involving casinos, resorts and restaurants as well as hotels. This operational background can be helpful in understanding records that might seem simple to someone who isn’t familiar with hospitality management.
A list of staffing plans, for example identifies those who were designated to work. To determine if those assignments were under sufficient supervision requires an understanding of the model of service for the property and operational conditions.
To help build a stronger case and build a stronger case, you must ask better questions.
An early expert review can help attorneys identify unresolved and documented problems. It may help identify which records are worth requesting or defining the terms employed in depositions.
Not every discrepancy demonstrates an operational error and not every written policy demonstrates that the proper procedures were observed.
The value of expert analysis is in demonstrating these distinctions using relevant evidence and industry-wide practices that are well-known. For attorneys preparing cases involving hospitality, understanding the company prior to questioning its employees can result in a more specific, convincing review of the actual events.