A hotel incident report may comprise only a few paragraphs. The report identifies the guests, describes the disturbance, names the employees who responded, and also records when management was notified.
For an attorney, that report might cause more questions than it answers. Who was the person who was supervising employees involved? Was surveillance footage preserved? Did the facility follow its standard procedures? Do you know of any prior interactions that weren’t disclosed?
These questions illustrate the reasons why it is sometimes necessary to study business records before witness testimony in a case involving hospitality.
Begin by examining the documents made in normal operation
Businesses that operate in the hospitality industry create records for training, scheduling guests, guest service, security and management. Although these documents weren’t necessarily created for lawsuits, they can be used to establish how a property functioned during a particular 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 might require that the manager take action to an employee who reports an intoxicated customer.
The investigation should determine if the manager was in fact working, whether the report was distributed, and what response was provided by the evidence. Instead of assuming that procedures were adhered to or not it is important to find out what were actually carried out.
The interpretation of restaurant records can be different
Investigations in restaurants are difficult since employees must split their time between cooking food, serving customers, and managing the dining space. An expert witness in the restaurant industry can help demonstrate how decisions made by employees are affected by these responsibilities.
Imagine that someone ordered alcohol at the bar before being moved to an area at a table. The bar receipt will document the initial order, and the records from the dining room will record the subsequent orders.
However, those records might not reveal what the server at the table knew about the prior service. Combining the server assignments with the transaction times, management notes, and employee declarations can help clarify the process. It is important to make distinctions: the fact that alcohol was purchased does not mean that the staff was intoxicated.
Casino Investigations May require different documents
Casino beverage programs are distinct from those at the typical restaurant. The inclusion of complimentary drinks as well as cocktail servers on the gaming floor and security personnel can provide additional information.
A certified witness from a casino can look over the staffing assignments for beverages as well as surveillance video and security reports as well as employees’ communication methods. Traditional sales receipts can provide an incomplete account when beverages are free.
In such a case the investigation could rely more heavily on surveillance records and employee observation, service documents, and the documenting procedures of the property. Experts must identify the weaknesses of evidence instead of accepting insufficient records as proof.
Make sure you save the evidence prior to when it becomes unavailable
Documents that have to be saved for time is a major concern in litigation that involves hospitality. The records from surveillance systems could be retained for a brief duration. The information about employee schedules, internal communications and other information along with incident-related documentation can be stored by different departments or even systems. Attorneys must identify pertinent records and take the necessary steps early.
The required scope is determined by the nature of the claims. For instance, a restaurant may need bar and dining room records. A resort incident may require event documentation, travel arrangements, or security communications. Specific reviews can help determine what records are essential without making assumptions that every department was involved.
The paperwork is the result of operational experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit drinks operations. Rideout Hospitality Consulting is a company he founded in the year 2010. He has advised on resort, restaurant and hotel owners across the United States.
He has served as an expert witness in cases involving resorts, hotels, casinos and restaurants, for both the defense and plaintiffs. This knowledge of operations is beneficial in the interpretation of records that might seem simple to someone who is not familiar with hospitality management.
Staffing plans, for instance determine who was assigned to work. Knowing if the assignments offered adequate supervision is dependent on knowing the structure’s service model as well as operating conditions.
A Stronger Case Begins With More lucid questions
Early expert reviews help lawyers differentiate between unresolved and documented problems. It could help identify which documents merit requesting or defining the terms that is used in depositions.
It is not required to demonstrate that a written policy was followed in the event of discrepancies.
The importance of expert analysis lies in explaining those distinctions through relevant evidence and accepted industry practices. Attorneys who are preparing for a hospitality lawsuit will benefit from knowing the business and its staff before interviewing them. This allows for to conduct a thorough examination of what happened.