A report of an incident at an establishment could be only a few paragraphs long. It is a record of the guest’s name and describes the disturbance and identifies the staff who responded and details the time management was notified.
The investigation could bring up multiple issues for an attorney. Who was accountable for supervising the employees? Was surveillance footage preserved? Was the property in compliance with its rules? Was the property involved in earlier interactions not included in the report.
These are the reasons why hospitality litigation often requires an examination of ordinary business records before testimony of witnesses begins.
Start by reviewing the documents that were created during normal operations.
Records are maintained by hospitality firms to record scheduling guest services, training of staff and security, as well as management and many more. These documents were not necessarily designed for litigation, but they may be used to determine how the facility operated during an incident.
An expert witness in the field of hospitality might review staffing plans and operating procedures as in addition to employee training files, logs of security, and footage from surveillance cameras to determine the responsibilities that are assigned to each employee. As an example one policy may state that the manager must respond to an employee who informs them of an intoxicated client.
The investigation should establish whether the manager was in fact working and if the report was communicated, and what responses were provided in the evidence. The aim is to determine actual actions rather than to assume that the written procedure was implemented or not.
Restaurant Records Need Their Own Interpretation
The employees are split among the food service, beverage preparation as well as dining-room management. This creates a challenge for restaurant investigations. An expert witness in the restaurant industry can help show how decisions made by employees are affected by these responsibilities.
Imagine a scenario where a client ordered alcohol from the bar and then transferred to tables. The bar receipt will be proof of the initial order, while dining-room records will show the later orders.
These records might not show what the server was aware of about the previous service. The combination of server assignments with the transaction times, management notes and employee statements can help clarify the process. It is important to recognize the distinction that just because alcohol was purchased does not mean that the staff noticed intoxication.
Casino Investigations can require different forms of documentation
Casinos run beverage programs that can differ substantially from traditional restaurant services. Cocktails with complimentary drinks, mobile servers, gaming-floor supervisors, as well as extensive security operations are additional sources of information.
A casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. If the beverages are offered as a complimentary service traditional sales receipts can be insufficient.
In these circumstances the investigation could be based more on surveillance, employee observation or service records as well as documented procedures. Experts should be aware of the limitations of evidence, instead of relying on incomplete records as evidence.
Be sure to save the evidence before it becomes unavailable
Conserving documents with time-sensitive information is a significant concern in the context of litigation that involves hospitality. Recordings from surveillance systems can be kept for a limited time. Different departments or systems could save employee schedules, internal communication, and incident documents. Attorneys must locate and secure documents that could be relevant as quickly as they are able.
The nature of the investigation will depend on the type of allegations. For instance an establishment may need the records of its dining room and bar. An incident at a resort could require documentation for an event and travel arrangements or security messages. A specific audit helps determine the records that are pertinent without taking for granted that every department played some function.
The process of preparing paperwork is simpler when you have operational experience
Preston Rideout, a hospitality professional since 1996, is experienced in managing nightclubs and bartending and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has been providing recommendations to restaurants, hotels and resort operators across the United States.
He has served as an expert witness in trials involving hotels, casinos, resorts and restaurants for both attorneys representing defense and plaintiffs. The operational background is beneficial in the interpretation of records that might seem simple to someone who is not experienced in hospitality management.
A staffing schedule is a good example. It lists those who were designated to work. Knowing the model of service as well as operational conditions of a property is necessary to determine whether the assignments are supervised in a proper manner.
A Stronger Case Begins With More lucid questions
Early expert review can help attorneys distinguish documented facts from unresolved issues. It can help determine which records merit requesting as well as clarify the operational terminology used in depositions.
Some discrepancies are not indicative of a failure in operation. Neither is every procedure that proves that the right procedures were adhered to.
The importance of expert analysis is in demonstrating the distinctions with relevant evidence and recognized industry practices. Understanding the business before questioning employees in a hospitality situation can assist lawyers in preparing cases that have a more precise and reliable examination.
