An incident report for an establishment could be only short, perhaps a couple of paragraphs. It will include the name of the guest, the description of the issue as well as the names of the staff members who responded.
This report may bring up more questions for an attorney than it could answer. Who was responsible for supervising the workers who were involved? Was surveillance footage preserved? Did the property follow its prescribed procedures? Was the property involved in earlier interactions that weren’t included in the report.
These issues illustrate why hospitality litigation often calls for an examination of regular documents of business before witness testimony commences.
Begin with the Documents that were created during normal operations
Documents are kept by hospitality businesses for scheduling, staff training, guest services and security, as well as management and much more. Although these records were not created for use in litigation however, they can be useful in the purpose of determining how a place was able to perform during an incident.
An expert witness in the field of hospitality may examine staffing schedules, and operating procedures, as in addition to employee training files or logs of security and footage from surveillance cameras to determine the roles that are given to each employee. For instance, an official policy might stipulate that the manager should respond when an employee is notified of an intoxicated client.
The investigation should establish if the manager worked or if the report was made, and according to the evidence, what the response was. The objective is to assess the actual operation rather than assuming that the procedures written down were adhered to or not followed.
There is a need for a separate analysis of the restaurant’s registers
The employees are split into the food service, beverage preparation, customer requests and dining-room management. This is a major challenge for investigation into restaurant operations. An expert witness in the restaurant industry could help demonstrate how decisions made by employees are influenced by these duties.
Take a look at an incident that occurred in the dining room that involves someone who bought drinks at the bar prior to taking the table. The bar receipt might be proof of the initial purchase, while the dining-room transaction records show later orders.
The information in those records might not be revealing what the server knew of the prior service. By examining all of the data like the server’s assignments and times of transactions and management notes and employee statements will help clarify the process. It is crucial to note the distinction that simply because alcohol was consumed does not mean that the staff was intoxicated.
Casino Investigations can require different forms of documentation
Casinos operate beverage programs that differ significantly from the standard restaurant service. The availability of complimentary drinks and 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. The conventional sales receipt may not be true when complimentary drinks are involved.
In these circumstances the investigation could be heavily based on the surveillance, employee observation and service records, in addition to the procedures documented by the facility. The expert also needs to recognize any weaknesses in the evidence, rather than relying on an uncomplete record as proof of an incident.
Preserve the Evidence Before It is lost forever.
The preservation of documents that are time sensitive is a crucial consideration when it comes to litigation that involves hospitality. Surveillance systems could keep recordings for only a short time. Different departments or systems can save employee schedules, internal communications as well as incidental documentation. Attorneys need to identify relevant documents early and take the appropriate steps to protect these records.
It depends on the type of claim. A restaurant complaint may require the bar’s and dining room’s records for instance, while a resort event could need documentation for the event, transportation arrangements, and security communications. Specific reviews can help determine which documents are necessary and not assume that every department is involved.
Operational Experience Aids in Explaining the Paperwork
Preston Rideout has worked in hospitality since 1996, with prior experience in bartending, nightclub management, as well as multi-unit drinks operations. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to hotel, restaurant, and resort owners in the United States and internationally.
His work as an expert witness includes issues involving hotels, restaurants, resorts, and casinos for both defense and plaintiff lawyers. The operational background can be useful when it comes to interpreting data that might seem simple to someone not familiar with hospitality management.
A staffing plan will, for instance, identify the employees who were given the task of working. To determine if these assignments were appropriate it is necessary to understand the service model of the property and its operating conditions.
To create a stronger argument to build a stronger case, ask more questions
Early expert review can assist attorneys in separating evidence-based facts from issues that remain unresolved. It may also help identify what records are worth requesting or clarifying the language employed in depositions.
There are many reasons why discrepancies may not be indicative of a failure in operation. Not every procedure that proves that the right procedure was adhered to.
The value of hospitality experts is that they can explain the differences through evidence and industry-wide practices that are well-known. Understanding the procedure prior to conducting an investigation into employees in a hotel case can assist attorneys in preparing the case for a more focused and credible examination.