A report of an incident at an establishment could be only one or two paragraphs. It contains the name of the guest, the description of the issue and the names of the responding staff.
An attorney’s report might be more complicated than it can answer. Who was accountable for supervising the employees? Was surveillance footage preserved? Did the property adhere to its established procedures? Were there earlier interactions that were not recorded in the reports?
These questions show the reason why it’s often necessary to review business records prior to when witnesses testify in a case involving hospitality.
Begin by examining the documents made in normal operation
Hospitality businesses generate records for training, scheduling, guest service, security, and management. Although these documents weren’t necessarily created for legal proceedings, they may help identify how a place operated during an incident.
A witness from the hospitality industry will review the schedules of staffing as well as operating procedures, the employee’s training records, security logs and monitoring recordings to know what duties are given to whom. As an example one policy may stipulate that the manager should react when an employee is notified of an intoxicated client.
The investigation should determine if the manager was working and if the report was communicated, and what response the evidence reveals. It is important to examine the actual performance of the operation rather than to assume that the written instructions were followed or not respected.
Restaurant Records Must Have Their Own Interpretation
The investigation process in restaurants is difficult because restaurant employees are required to split their time between food preparation in the kitchen, serving customers and overseeing the dining room. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Consider an incident in the dining area that involved someone who bought alcohol at the bar prior to moving to a table. The bar receipt can be evidence of the initial purchase, while table transaction records could show subsequent orders.
However, those records might not establish what the table server knew about the previous service. Combining the server assignments and transaction times, as well as management notes, and employee declarations will help to clarify the order. It is important to distinguish when it comes to alcohol: the fact that it was available for sale doesn’t necessarily suggest that employees are aware of the presence of alcohol.
Casino Investigations May Require Different Records
Casino beverage programs can be significantly different from those offered by the typical restaurant. Other sources of information include complimentary drinks cocktails, mobile servers for drinks and gaming floor supervisors.
A Casino expert witness can look over beverage staffing assignments security reports, surveillance footage and the procedures that govern employee communication. The traditional sales receipt may not be valid when complimentary beverages are being served.
In those instances the investigation could rely more heavily on surveillance records employees’ observations, employee records, and procedure for the property’s documentation. Experts should be aware of the weaknesses of evidence instead of accepting insufficient records as proof.
Preserve the Evidence Before It Becomes Unavailable
Preserving time-sensitive documents is an important concern in the context of litigation involving hospitality. Records from surveillance systems may be saved for a specific period of time. Different departments or systems can archive employee schedules, internal communication and incidental records. Attorneys must be aware of relevant documents and take appropriate steps in the early stages.
The appropriate scope will depend on the allegations. A restaurant claim may require the bar’s and dining room’s records, while a resort incident could need documentation for the event, transportation arrangements, and security communications. You can determine relevant records through an in-depth review without being required to assume that every department was involved.
Making sense of paperwork is much easier with operational experience
Preston Rideout, a hospitality professional since 1996, has experience in managing nightclubs and bartending as well as multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has since provided advice to restaurant, hotel and resort owners across the United States.
He has been an expert witness in a variety of cases involving hotels, casinos, resorts and restaurants for attorneys representing defense and plaintiffs. It’s useful to have a background in hospitality management for interpreting documents that look simple to those who are not experienced in the field.
A schedule of staffing, for example identifies the people who were designated to work. To determine if these assignments were appropriate you must know what the service model is of the building and its operating conditions.
A Stronger Case Begins With Clarer Questions
An early expert review can help attorneys identify unresolved and documented problems. It can help identify other records that are worth seeking, clarify the operational terminology for depositions, and identify which decisions of employees require closer examination.
The reason for discrepancies is not always because of a failure in operation. Not every policy that proves the correct procedure was followed.
The value of hospitality expert analysis lies in explaining these distinctions using relevant evidence and accepted industry practices. Knowing the process prior to questioning employees in a hospitality case can help attorneys prepare cases that have a more precise and credible investigation.