A report of an incident at a hotel might only be a few paragraphs long. It contains the name of the guest, the description of the incident, and the names of the staff members who responded.
This report could raise more questions for attorneys than it could solve. Who was the person who was supervising employees in question? Was surveillance footage preserved? The property had its own procedure. Did previous interactions occur which were not reflected in the report?
These questions illustrate why litigation involving hospitality often requires an examination of ordinary business records before witness testimony begins.
Begin by reviewing the documents created during normal operation
The records are maintained by hospitality companies for scheduling guest services, training for staff and security, management and more. Even though the documents were not designed to be used in court, they are useful for documenting how a facility did during a particular incident.
An expert witness in Hospitality may review staffing schedules and operational procedures, education files, security logs, and recordings of surveillance to determine the responsibilities given to different employees. For example an established policy could require a manager to respond to an employee who reports an intoxicated guest.
Examining whether or not the manager actually worked and whether or not the report was communicated, and what response is evident from the evidence available is the main objective. The goal is to evaluate the actual operation rather than assuming that the written procedure was adhered to or not followed.
There is an need for a distinct understanding of the restaurant’s record.
Restaurant investigations are challenging because restaurant employees are required to split their time between cooking food and serving customers as well as managing the dining room. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Take a look at an incident that occurred in the dining area that involved someone who bought drinks at the bar prior moving to an area to sit. The bar receipt may record the order at first, while the dining room records will document the later orders.
However, these records might not provide a clear picture of what the server at the table knew about the earlier service. Combining the server assignment and transaction times, as well as management notes and employee communications can help clarify the process. It is important to make a distinction: the fact that alcohol was purchased does not mean that employees noticed that they were drunk.
Casino Investigations Might require a different set of records
The beverage offerings at casinos can be very different from those of the typical restaurant. Complimentary drinks, mobile cocktail servers, gaming-floor supervisors, as well as extensive security operations are additional sources of information.
A casino expert witness can analyze beverage staffing and security footage, and surveillance videos. They can also look over protocols for employee communication. Traditional sales receipts may not provide a complete account when beverages are complimentary.
In these circumstances an investigation may depend on surveillance evidence, observations of employees and service records, in addition to the procedures that are documented for the property. The expert also needs to recognize shortcomings in the evidence instead of relying on an insufficient record as proof of a specific event.
Preserve the Evidence Before It Becomes Unavailable
The preservation of records that are sensitive is a practical concern for the litigation of hospitality. Surveillance systems’ records can be kept for a limited duration. The information about employee schedules, internal communications and other information and incident documents could be stored by various departments or even systems. Attorneys should be able to spot potentially relevant records early and take appropriate steps to preserve them.
It is contingent on the type of claim. For instance restaurants may require bar and dining room records. A resort incident may require event documentation, travel arrangements, or security communication. You can find relevant documents by performing an examination that is targeted, without being able to conclude that all departments were involved.
The Paperwork is a Result of operational experience
Preston Rideout has worked in hospitality since 1996. He has prior experience in bartending, nightclub management, as well as multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has been providing advice to restaurant, hotel and resort owners across the United States.
His work as an expert witness includes matters that involve hotels, restaurants, resorts, and casinos for both defense and plaintiff lawyers. It’s beneficial to have an understanding of hospitality management for interpreting documents that seem straightforward to those who aren’t familiar with the business.
Staffing schedules, like to identify who has been assigned to work. To determine if the assignments were appropriate it is necessary to understand the model of service for the facility and its operational conditions.
A more convincing case begins with Clarer Questions
Early review by experts helps attorneys differentiate evidence-based facts from issues that remain unresolved. It can identify records that should be requested and also clarify the terminology used in depositions.
Each discrepancy does not indicate an operational failure and not every document proves that the appropriate procedures were followed.
The value of expert analysis lies in explaining those distinctions through relevant evidence and industry-wide practices that are well-known. For attorneys preparing cases involving hospitality, understanding the company prior to questioning its employees can lead to a more focused, credible analysis of what actually transpired.