An incident report for an establishment could be only short, perhaps a couple of paragraphs. The report lists guests who were involved, outlines the incident, identifies the people who responded, and also records when the management was informed.
An attorney’s report may cause more questions than it addresses. Who was the person who was supervising employees that were involved? Was surveillance footage preserved? Was the property in compliance with its policies? Are there any previous interactions that weren’t recorded in the reports?
These questions illustrate why it’s important to look over business records prior to witness testimony in hospitality litigation.
Begin with the documents that were created in normal operation
Hospitality businesses generate records to schedule, train guests service, scheduling and administration. While these records weren’t made to aid in lawsuits, they can be used to determine the way a property operated during a particular incident.
A hospitality expert witness will scrutinize the scheduling schedules for staff as well as operating procedures, the employee’s training records, security logs and surveillance recordings in order to better know what duties are assigned to which personnel. A written policy may require the manager to respond to employees who report an intoxicated client.
Examining the incident will determine whether the manager was involved and if a report was submitted, and, based on the evidence, what the response was. The aim is to determine the actual activities rather than inferring that the procedures written down were adhered to or not followed.
The interpretation of restaurant records can be different
The investigation process in restaurants is difficult because employees must divide their time between cooking food serving customers, as well as managing the dining area. A restaurant expert witness will explain how these duties influence the decisions that employees take during service.
Imagine a scenario where the client purchased alcohol at the bar before being transferred to the table. The bar receipt may record the purchase at the beginning, while the dining-room transaction records show later orders.
The information in those records might not be revealing the server’s knowledge of the previous service. Reviewing the server’s assignments, transactions times, management notes, and employee declarations together will help to clarify the process. One important point to remember is: the evidence of alcohol consumption does not 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 offered by restaurants. The availability of complimentary drinks as well as cocktail servers on the gaming floor and security personnel are all sources of additional information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. If beverages are offered as a complimentary service, traditional sales receipts can be insufficient.
In these circumstances the investigation could rely heavily on the surveillance, employee observation and service records, as well as the documented procedures of the premises. The expert also needs to recognize limitations in the evidence rather than treating an incomplete record as proof of an incident.
Save the Evidence Prior to It becomes unavailable
One issue that can arise in hospitality litigation is the preservation of time-sensitive documents. The records from surveillance systems could be retained for a brief time. Information regarding employee schedules and internal communication along with incident-related documentation may be kept by different departments or by different systems. Attorneys need to identify relevant documents and implement the appropriate actions early.
It depends on the nature of the claim. A restaurant case may require the bar’s and dining room’s records as well as a resort incident may require event documentation as well as transportation arrangements and security communications. A specific audit helps determine the relevant records without assuming every department played some role.
Operations Experience Helps Explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with expertise in bartending, nightclub management, as well as multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has since provided guidance to hotels, restaurants and resort operators throughout the United States.
His expert witness work involves matters that involve hotels, restaurants resorts, casinos, and restaurants for defense and plaintiff counsel. This background in operations can be useful in interpreting records which may seem straightforward to someone who is not familiar with hospitality management.
A staffing schedule is a good example. It lists the people who were designated to work. To determine if these assignments were appropriate you should know the structure of the facility as well as its operating conditions.
Clearness in your questions is the first step towards an argument that is stronger
An early expert review can help attorneys distinguish evidence-based facts from issues that remain unresolved. It can help identify other records worth requesting, clarify operational terminology for depositions, and establish which employee decisions require closer examination.
Some discrepancies are not indicative of a malfunction. Not every policy that shows the proper procedures were observed.
It is the significance of an expert’s report that illustrates these distinctions using accepted best practices in the industry and evidence. Attorneys who are preparing for a hospitality lawsuit can benefit from understanding the operations and their employees before interviewing them. This will enable an in-depth review of the events that occurred.