A hotel incident report might contain only a few paragraphs. It contains the name of the guest, a description of the incident and the names of the people who were involved in the incident.
The report can raise multiple questions for an attorney. Who was the supervisor of the employees who were involved in this particular case? Was surveillance footage preserved? Did the property follow its standard procedures? Did previous interactions occur that were not recorded in the reports?
This is the need to look over business records prior a witness testifies in a hospitality lawsuit.
Begin with the documents that were created during normal operations
The hospitality industry produces records for scheduling, training guests, guest service, security and management. Even though these documents weren’t created to be used in court but they can be helpful in the purpose of determining how a place performed during a specific incident.
A Hospitality expert witness could examine staffing schedules, operating procedures, employee education files, security logs, and surveillance recordings to learn the responsibilities given to different employees. For instance A written policy could oblige a manager to take action when an employee has a complaint about an drunken guest.
The investigation will determine whether the manager was actually working, whether the report was shared, and the response the evidence reveals. It is far more crucial 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 may be different
Restaurant investigations are challenging because employees must divide their time between food preparation in the kitchen, serving customers and managing the dining area. A professional witness in the restaurant industry can demonstrate how decisions made by employees are influenced by their responsibilities.
Consider a dining-room incident involving the customer who purchased alcohol at the bar before making the move to a table. The bar receipt may record the purchase at the beginning, and the transaction records for dining room transactions will show subsequent orders.
But, these records may not reveal what the table server was aware of about the earlier service. By examining all of the data including server assignments and transaction times together with the management’s notes and employee statement could help in determining the process. It is crucial to note the distinction that just because alcohol was purchased does not mean that the staff noticed intoxication.
Casino Investigations may require different records
Casino beverage programs are distinct from those at a typical restaurant. The availability of complimentary drinks and cocktail servers at the casino floor and security personnel can provide additional information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. The typical sales receipt might not be true in the event of complimentary beverages.
In those circumstances the investigation could rely on surveillance data, employee observations, service records, and the process of the property’s documents. Experts must be aware of the limitations of evidence, instead of relying on incomplete records as proof.
Be sure to save the evidence before it’s unavailable
The preservation of documents that are time sensitive is an issue for litigation involving hospitality. Certain surveillance systems can only store the records for a set amount of time. Information about employee schedules, internal communications and other information along with incident-related documentation may be kept by different departments or even systems. Attorneys should be able to spot potentially relevant records earlier and take the appropriate steps to preserve the records.
The scope of the investigation varies on the type of allegations. A restaurant claim may require documents for the dining room and bar and a resort-related incident could require documentation of the event along with transportation arrangements, and security communications. It is possible to find relevant records by conducting an in-depth review without having to assume that every department was involved.
Operational Experience helps explain the Paperwork
Preston Rideout is a hospitality veteran with more than twenty years of experience. He has held positions in management, bartending and beverage operations across multiple units. Through Rideout Hospitality Consulting, established in 2010, he has consulted restaurant, hotel, and resort owners in the United States and internationally.
His work as an expert witness includes issues involving hotels, restaurants resorts, casinos, and resorts for defense and plaintiff attorneys. It’s helpful to have some experience in hospitality management when interpreting documents that look simple to those who are not experienced in the field.
Staffing schedules, like to identify who has been given the task. To determine if the assignments were appropriate you must know the model of service for the building and its operating conditions.
Clearness in your questions is the initial step to a stronger argument
Early expert review helps attorneys distinguish between documented and unresolved problems. It can help determine which records should be requested and also clarify the operational terminology that is used in depositions.
It is not necessary to show that a written policy was followed if there are differences.
An expert analysis of hospitality is beneficial when it explains these distinctions using relevant evidence and well-known practices. Understanding the procedure prior to asking employees to answer questions in a hospitality situation can assist lawyers in preparing cases that have a more focused and credible examination.