The hotel incident reports may just be a few paragraphs. It identifies the guest and describes the disturbance, names the responding employees and also records the time the management was informed.
The report could raise more than one question to an attorney. Who was the manager of the employees that were implicated in this matter? Was surveillance footage preserved? Did the property follow its rules? Did the property experience any prior interactions that weren’t recorded in the report.
These questions illustrate why it is often necessary to look over business records prior a witness testifies in a lawsuit involving hospitality.
Begin With the Documents Produced in Normal Operation
Hospitality businesses generate records for training, scheduling guests, guest service, security, and administration. Even though these documents were not intended for use in litigation however, they can be useful in establishing how a property was able to perform during an incident.
An expert witness in the field of hospitality could review the staffing schedules and operating procedures as also employee training records as well as security logs, and recordings from surveillance cameras to determine what responsibilities are assigned to each person. For instance, a written policy might have a manager respond when an employee has a complaint about an drunken guest.
Investigating the incident should determine whether the manager was working and if a report was sent, and from the evidence what was the response. It is important to evaluate the actual operation as opposed to assuming that written instructions were followed or not followed.
Restaurant records require their own Interpretation
Investigations in restaurants are difficult due to the fact that employees have to divide their time between cooking food, serving customers, and overseeing the dining room. A Restaurant expert witness can discuss how these responsibilities affect the decisions employees make in service.
Consider a dining-room incident involving an individual who had ordered drinks at the bar before moving to a table. The bar receipt will record the order at first, while records for dining rooms will reflect the orders that were later placed.
However, the records may not be able to determine what the table server was aware of about the previous service. Combining the server assignments with the transaction times, management notes and employee statements could help in determining the sequence. It is important to make a distinction: just because alcohol was bought does not mean that staff was intoxicated.
Casino Investigations may require different records
Casinos have beverage programs which differ from conventional restaurant service. The availability of complimentary drinks as well as cocktail servers at the casino floor, and security personnel are all sources of additional information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. The standard sales receipt may not be correct when complimentary beverages are involved.
In such a case an investigation may depend on surveillance, employee observation and service records, as well as the documented procedures of the facility. The expert should also be able to identify shortcomings in the evidence rather than relying on an uncomplete record as proof of a particular event.
Save the Evidence Prior to It Becomes Unavailable
The preservation of records that are sensitive is an issue in hospitality litigation. Surveillance systems’ records can be saved for a specific time. Employee schedules, internal communications as well as incident-related documentation could be stored in different systems or departments. Attorneys should identify potentially relevant records earlier and take the appropriate steps to safeguard these records.
The necessary scope depends on the accusations. For example, a restaurant may need restaurant and bar records. A resort incident may require documentation for an event, travel arrangements, or security messages. You can locate relevant documents by performing an examination that is targeted, without having to assume that every department was involved.
The Paperwork is a Product 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 he founded in 2010. He has advised the resort, restaurant, and hotel operators throughout the United States.
He has been an expert witness in the case of resorts, hotels, casinos and restaurants for the plaintiffs and defense counsel. This background in operations can be beneficial in the interpretation of records that could seem easy to a person who is not experienced in hospitality management.
A staffing plan is a good example. It lists the employees who were given the task of working. Understanding whether those assignments provided sufficient supervision requires an understanding of the structure’s service model as well as operating conditions.
To help build a stronger case to build a stronger case, ask more questions
An early expert review can help attorneys distinguish between documented and unresolved problems. It helps identify documents that should be requested and also clarify the terminology that is used in depositions.
There are many reasons why discrepancies may not be indicative of an operational issue. Not every procedure that proves that the right procedure was implemented.
It is the significance of an expert’s analysis which demonstrates the distinctions made by utilizing established industry practices and relevant evidence. In the case of attorneys who are working on a hospitality case, understanding the company prior to questioning its employees can lead to more focused, credible review of the actual events.