A report of an incident at an establishment could be only one or two paragraphs. The report will contain the name of the guest, the description of the issue and the names of the people who were involved in the incident.
For attorneys, this report could raise more questions than it answers. Who was in charge of supervising the employees who were involved? Was surveillance footage preserved? The facility followed its own procedures. Did the property have previous interactions that weren’t included in the report.
These questions demonstrate the reasons why it is sometimes necessary to review business records prior to when witnesses testify in a case involving hospitality.
Start with the documents created during normal operations
Hospitality businesses generate records to schedule, train guests, guest service, security and administration. These documents were not necessarily made for litigation but they may be used to prove how the property operated during an incident.
An expert witness in the field of hospitality could review the staffing schedules and operating procedures, as well as employee training files or logs of security and recordings from surveillance cameras to determine the responsibilities that are given to each employee. As an example the policy could state that the manager must respond when an employee notifies them of a drunk client.
The investigation should determine if the manager was in fact working and if the report was communicated, and what response the available evidence documents. The objective is to assess actual operations rather than assume that the procedures written down were observed or not.
There is a need for a separate understanding of the restaurant’s record.
Restaurant investigations can be difficult because employees must divide their time between cooking food, serving customers, and overseeing the dining room. An expert witness in the restaurant industry can clarify how the decisions of employees are affected by these responsibilities.
Imagine that the client purchased alcohol from the bar and was transferred to a table. The bar receipt might document the initial purchase, whereas the transactions in the dining room could show subsequent orders.
The information in those records might not be revealing what the server knew of the prior service. Looking at all the data together such as server assignments and time-of-transactions and management notes and employee statements could help in determining the sequence. It is essential to keep a distinction: the fact that alcohol was purchased doesn’t mean the employees were intoxicated.
Casino Investigations may require different records
Casinos have beverage programs that differ significantly from traditional restaurant services. The additional drinks that are complimentary cocktails, servers serving drinks on the gaming floor and security personnel can provide additional information.
A casino expert witness could review beverage staffing, surveillance footage and security reports. They may also review the procedures for employee communications. Traditional sales receipts may not provide a complete account when drinks are provided for free.
In such a case an investigation may rely heavily on the surveillance available, employee observations and service records as well as the documented procedures of the building. The expert must be able identify any weaknesses in the evidence, and not be content with an insufficient report.
Keep the Evidence in place before it becomes unavailable
Conserving documents with time-sensitive information is a significant concern when it comes to lawsuits involving hospitality. Surveillance systems can keep records for only a short time. Different systems or departments may archive employee calendars, internal communication and incidental documents. Attorneys must identify pertinent records and take the necessary measures early.
The required scope is determined by the allegations. For example restaurants may require restaurant and bar records. A resort incident may require event documentation as well as travel arrangements, or security messages. It is possible to find relevant records through an examination that is targeted, without needing to presume that every department was involved.
The Paperwork is a Result of operational experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has been providing advice to restaurant, hotel and resort operators throughout the United States.
Expert witness testimony in favor of plaintiffs and defendants has covered issues related to resorts, casinos and restaurants as well as hotels. This knowledge of operations is helpful in understanding records that might seem simple to someone who isn’t familiar with hospitality management.
Staffing schedules, like you can identify the person who was given the task. Understanding whether those assignments provided appropriate supervision requires knowledge of the structure’s service model as well as operating conditions.
Clearness in your questions is the first step in a more convincing argument
A quick review by an expert will help lawyers distinguish the documents from unresolved issues. It may help identify which documents are worth seeking or clarifying the language used to describe depositions.
Not all discrepancies are indicative of an operational failure. Neither is every procedure that proves that the right procedure was adhered to.
The value of hospitality expert analysis lies in explaining those distinctions through relevant evidence and industry-wide practices that are well-known. If lawyers are preparing cases involving hospitality, understanding the company prior to questioning its employees can lead to more focused, credible review of the actual events.