The hotel incident report could only contain a few sentences. It identifies the guest who caused the disturbance and names the employees who responded and records the date management was notified.
The report may raise more than one question to an attorney. Who was responsible for supervising the workers in question? Was surveillance footage preserved? Did the property follow its prescribed procedures? Did the property experience any prior interactions that weren’t included in the report.
These questions show why it is crucial to examine ordinary business records prior to testimony of witnesses in hospitality litigation.
Begin by reviewing the documents that were created in normal operations
Companies in the hospitality sector keep track of schedules, guest service security, training, and management. These records weren’t necessarily designed for litigation, but they may be used to determine how the facility operated during an incident.
A hospitality expert witness will look at the staffing schedules and operating procedures as well as documents for employee training as well as security logs and surveillance recordings to understand what responsibilities are delegated to what employees. For instance A written policy could require a manager to respond to an employee who reports an intoxicated guest.
The investigation should establish whether the manager was in fact working and if the report was distributed, and what response was provided by the evidence. It is far more crucial to look at actual actions instead of assuming that written instructions were adhered to or ignored.
Restaurant Records Need Their Own Interpretation
Restaurant investigations are challenging because employees have to divide their time between the preparation of beverages, food service, customer requests, and the management of dining rooms. A restaurant expert witness is able to describe the effect of these roles on the choices taken by employees while they serve.
Imagine a dining room incident that involved a customer who ordered alcohol at the bar prior to moving to a table. The bar receipt will confirm the initial order while dining-room records will show the later orders.
However, these records might not establish the information that the table server had about the earlier service. By examining all of the data including server assignments and transaction times as well as management notes and employee declarations could help in determining the process. A distinction needs to be made: the fact that alcohol was available for sale doesn’t necessarily indicate that employees were aware of intoxication.
Casino Investigations may require different records
Casinos have beverage programs that can differ substantially from conventional restaurant service. Cocktails with complimentary drinks, mobile servers, gaming-floor supervisors, and extensive security operations create additional sources of information.
A casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. When beverages are provided in a free service, traditional sales receipts may be not complete.
In those instances the investigation could rely more heavily upon surveillance employees’ observations, employee records, and the process of the property’s documents. The expert must also identify weaknesses in the evidence, instead of relying on an insufficient record as proof of a particular event.
Save the evidence before it becomes unavailable
The preservation of documents that are time sensitive is a crucial consideration when it comes to litigation related to hospitality. Records from surveillance systems may be retained for a brief time. Schedules of employees, internal communications and incident documentation may be archivalized in different departments or in different systems. Attorneys must identify pertinent records and take the appropriate steps in the early stages.
It’s dependent on the nature of the claim. For instance restaurants may require documents for the dining room or bar. An incident at a resort could require documentation for an event and travel arrangements or security communication. A focused review will help identify the relevant records without assuming every department played an important function.
The Paperwork is a Result of the Operational Experience
Preston Rideout has worked in hospitality since 1996. He has experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a company that he established in the year 2010. He has advised the resort, restaurant and hotel owners across the United States.
Expert witness work for him includes matters that involve hotels, restaurants, resorts, and casinos for defense and plaintiff counsel. It’s useful to have a background in hospitality management when interpreting documents that seem straightforward to those who are not familiar with the industry.
A staffing plan For instance, it identifies the employees given the task. The service model and operating conditions of the property is vital to determine if these assignments will provide the appropriate supervision.
To make a more convincing case to build a stronger case, ask more questions
An early expert review will aid attorneys in distinguishing between documents and unresolved issues. It can identify records that should be requested and also clarify the terminology used in depositions.
There are many instances of an operational issue, and not every written policy proves that appropriate procedures were adhered to.
It is the value of an expert’s analysis that demonstrates these distinctions using accepted best practices in the industry and evidence. Understanding the business before asking employees to answer questions in a hospitality matter can help lawyers prepare an argument that is an unbiased and trustworthy examination.