An incident report for the hotel could only be one or two paragraphs. The report identifies guests, details the incident, identifies the people who responded, and also records when management was notified.
For attorneys, this report can be more complicated than it addresses. Who was in charge of supervising the employees in question? Was surveillance footage preserved? The facility adhered to its own rules. Did the property have earlier interactions not included in the report.
These questions illustrate the need to look over business records prior witness testimony in a lawsuit regarding hospitality.
Begin by examining the documents made during normal operations
The records are maintained by hospitality businesses to plan staff training, guest services and security management and more. These records weren’t necessarily designed for litigation, but they could be used to establish how the hotel operated in an incident.
A Hospitality expert witness can review staffing schedules and operational procedures, training files, security logs, and surveillance records to comprehend the responsibilities assigned to different personnel. As an example the policy could stipulate that the manager should respond if an employee reports an intoxicated client.
Examining whether or not the manager actually worked, whether or not the report had been communicated and the reaction confirmed by the evidence is the main objective. It is more important to examine the actual performance of the operation rather instead of assuming that the written instructions were followed or not observed.
The interpretation of restaurant records can be different
Restaurant investigations can be difficult because restaurant employees are required to split their time between cooking food in the kitchen, serving customers and managing the dining space. A restaurant expert witness can clarify the impact of these roles on the choices taken by employees in service.
Take a look at an incident that occurred in the dining room that involves the patron who bought drinks at the bar prior moving to an area to sit. The bar receipt may document the initial order, while dining-room records will show the later orders.
Those records may not reveal the server’s knowledge of the prior service. Combining server assignments, transaction time, management notes and employee statements could help in determining the sequence. It is important to make the distinction that the fact that alcohol was purchased does not mean that employees noticed that they were drunk.
Casino Investigations May require different documents
Casinos operate beverage programs which differ from conventional restaurant service. Other sources of information are free drinks cocktails, mobile servers for drinks and gaming floor supervisors.
A casino expert witness can look into beverage staffing, security reports and surveillance footage. They can also look over the procedures for employee communications. When beverages are provided in a free service, the receipts from sales traditionally are not complete.
In such a case the investigation will rely more heavily on available surveillance and employee observation, service records, and the procedure for the property’s documentation. The expert should also be able to identify limitations in the evidence rather than treating an incomplete record as proof of a particular event.
Conserve the Evidence before It Becomes Unavailable
The preservation of documents that are time sensitive is a significant issue for hospitality litigation. Certain surveillance systems can only store records for a specific period of time. Information regarding employee schedules and internal communication as well as incident documentation are stored by different departments or systems. Attorneys must identify pertinent records and take the appropriate measures early.
The required scope is determined by the nature of the claims. For instance restaurants may require documents for the dining room or bar. A resort incident may require event documentation, travel arrangements, or security messages. Targeted reviews help identify what records are essential without making assumptions that all departments are involved.
The Paperwork is a Result of Operating Experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a company he created in the year 2010. He has provided advice to restaurant, resort and hotel operators across the United States.
He has been an expert witness in a variety of cases involving hotels, casinos, resorts and restaurants for both the defense and plaintiffs. The operational background is useful in interpreting records which might seem simple to someone who is unfamiliar with hospitality management.
A staffing plan can, for example, identify the employees given the task. Understanding whether those assignments provided sufficient supervision requires an understanding of the model of service for the property and operating conditions.
To make a more convincing case and build a stronger case, you must ask better questions.
An early expert review will help lawyers distinguish the established facts from ambiguous issues. It could help uncover additional documents worth requesting, help clarify what the legal terminology is for depositions and determine which employee actions require a closer look.
Every discrepancy is not an operational issue however, not every document proves that the appropriate procedures were observed.
It is the importance of an expert’s analysis which demonstrates these distinctions using accepted practice in the field and supporting evidence. Understanding the operation prior to asking employees to answer questions in a hospitality case can assist attorneys in preparing an argument that is more focused and credible examination.