The hotel incident report could just be a few paragraphs. The report lists the guests, describes the incident, identifies the employees who responded, and also records when management was notified.
The report can raise multiple questions to an attorney. Who was the person who was supervising employees who were involved? Was surveillance footage preserved? Did the property follow its policies? Did the property have earlier interactions that were not recorded in the report.
These questions highlight why it’s important to study the business records of everyday businesses prior to witness testimony in hospitality litigation.
Start by looking through the documents created in normal business operations.
Companies in the hospitality sector keep track of schedules, guest service as well as security, training and management. Even though these documents weren’t made to aid in litigation, they can help identify how a place operated during an incident.
A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to understand the responsibilities assigned to different personnel. A written policy could require that a manager respond to the employee who complains about an intoxicated client.
Investigating whether or not the manager actually worked on the report, whether or no report was communicated, and the responses supported by evidence is the main objective. Instead of concluding that the procedures were observed or not, the goal is to evaluate how actual operations actually took place.
Restaurant Records Must Have Their Own Interpretation
Restaurant investigations present challenges because employees are split between the preparation of beverages, food service customers’ requests, the management of dining rooms. A Restaurant expert witness can provide an explanation of how these responsibilities influence the choices employees make when they serve.
Imagine a situation in which the customer ordered drinks from the bar and was transferred to the table. The bar receipt could be proof of the initial purchase, while the dining-room transaction records indicate later purchases.
However, those records might not establish what the table server was aware of about the earlier service. Looking over server assignments, transaction time as well as management notes and employee statements together can aid in understanding the sequence. The key difference is: the fact that alcohol was bought is not automatically evidence that staff recognized intoxication.
Casino Investigations Can Require Different Records
Casinos have drink programs which are distinct from the ones that are offered by restaurants. The additional drinks that are complimentary and cocktail servers on the gaming floor and security personnel are all sources of additional information.
A certified witness at a casino can review the assignment of staff to drink as well as surveillance footage and security reports as well as employee communications procedures. The traditional sales receipt may not be valid when complimentary beverages are involved.
In those circumstances the investigation could rely more heavily on surveillance records and employee observation, service records, and the procedure for the property’s documentation. Experts must recognize the limitations of evidence, instead of relying on incomplete records as proof.
Keep the evidence in place until it’s unavailable
Documents that have to be saved for time is a major concern when it comes to lawsuits which involves hospitality. Some surveillance systems will only save recordings for a certain period of time. The information about employee schedules and internal communication as well as incident documentation are stored by different departments or systems. Attorneys need to identify relevant records early and take the appropriate steps to protect the records.
It depends on the type of claim. The extent of the investigation will depend on the accusations. It is possible to locate relevant records by conducting an investigation that is specific, not needing to presume that every department was involved.
The Paperwork is a result of the Operational Experience
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held positions in bartending, management and beverage operations across multiple divisions. Rideout Hospitality Consulting is a company he created in the year 2010. He has advised restaurants, resorts and hotel owners across the United States.
Expert witness testimony on behalf of plaintiffs and defendants has included matters that involved resorts, casinos restaurant, hotels, and casinos. This operational background can be helpful in interpreting documents that might appear straightforward to someone unfamiliar with hospitality management.
Staffing schedules, such as determine who was assigned to work. To determine if these assignments were proper it is necessary to understand the service model of the property and its operating conditions.
A stronger case starts with Clearer Questions
An early expert review will assist attorneys in separating the facts that are documented and those that remain unanswered. It may help identify which documents are worthy of requesting, or clarifying the terms that is used in depositions.
It is not necessary to prove that a written policy was adhered to if there are discrepancies.
An expert analysis of hospitality is useful when it clarifies the differences using evidence and recognized practices. In the case of attorneys who are working on the case for a hospitality client, understanding the operation before questioning its employees can lead to more focused, credible examination of what actually occurred.