An incident report for hotels could be just a few paragraphs long. The report lists the guests, describes the incident, names the employees who responded, and also records when the management was informed.
The report could raise multiple issues for an attorney. Who was responsible for supervising these employees? Was surveillance footage preserved? Was the property in compliance with its rules? Are there any earlier interactions that weren’t reported?
These questions illustrate the reasons why it is sometimes necessary to look over business records prior a witness testifies in a lawsuit involving hospitality.
Begin with the Documents that were created during normal operations
The records are maintained by hospitality businesses to plan guest services, training of staff and security, management and much more. These records were not always made for litigation but they may be used to prove the operation of the establishment during an incident.
A Hospitality expert witness could examine staffing schedules, operational procedures, education documents, security logs and surveillance recordings to learn the duties assigned to different personnel. For example an established policy could call for a supervisor to act to an employee who reports an intoxicated guest.
The investigation should determine if the manager was working and if the report was shared, and the response the available evidence documents. It is important to assess actual operations as opposed to assuming that the written instructions were followed or not observed.
The way to interpret restaurant records is different
The employees are split between the food service, beverage prep as well as customer service and dining room management. This presents a problem for investigation into restaurant operations. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine that the client purchased alcohol from the bar and then moved to tables. The bar receipt may confirm the initial order while dining-room records will show the subsequent orders.
However, these documents may not provide proof of the information that the tableserver had about the prior service. Combining server assignments the time of transactions, managerial notes and employee communications can help clarify the process. An important distinction remains: evidence that alcohol was purchased does not mean that the employee was aware of their intoxication.
Casino Investigations Might require a different set of records
Casinos run beverage programs that differ significantly from traditional restaurant services. Drinks are free, there are mobile cocktail servers, gaming-floor supervisors, and extensive security operations create additional sources of data.
A Casino expert witness could examine beverage staffing assignments, security reports, surveillance footage and the procedures that govern employee communication. If drinks are offered as a complimentary service, the receipts from sales traditionally are incomplete.
In those circumstances the investigation could rely more heavily on surveillance records or employee reports, service documents, and the documenting procedures of the property. Experts must be aware of the weaknesses of evidence instead of relying on incomplete records as proof.
Make sure you keep the evidence until it’s no longer accessible
The preservation of documents that are time sensitive is a real concern in hospitality litigation. Surveillance systems can keep records for limited periods. Information regarding employee schedules and internal communication and incident documents are stored by different departments or even systems. Attorneys must be aware of relevant records and take the necessary steps in the early stages.
It is contingent on the nature of the claim. A restaurant complaint may require the bar’s and dining room’s records as well as a resort incident could require documentation of the event, transportation arrangements, and security communications. A targeted review can identify which documents are necessary without making assumptions that every department is involved.
Operational Experience Aids in Explaining the Paperwork
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held various positions in management, bartending, and beverage operations for multiple divisions. Rideout Hospitality Consulting was established in 2010 and has provided recommendations to restaurants, hotels and resort operators across the United States.
Expert witness work for him includes matters that involve hotels, restaurants resorts, casinos and hotels for plaintiff and defense counsel. This background in operations can be beneficial in the interpretation of records that may seem straightforward to someone who is unfamiliar with hospitality management.
A staffing plan is one example. It identifies who was given the task. To determine if those assignments were under adequate supervision is dependent on knowing the service model of the facility and its operating conditions.
A stronger case starts with More lucid questions
Early expert review helps attorneys discern between documented and unresolved issues. It may help identify which records are worth requesting or defining the terms that is used in depositions.
Each discrepancy does not indicate an operational failure and not every written policy proves that appropriate procedures were adhered to.
It is the significance of an expert’s assessment that shows these distinctions by using recognized industry practices and relevant evidence. Understanding the business before asking employees to answer questions in a hospitality case can assist attorneys in preparing cases that have a an unbiased and trustworthy examination.