An incident report for a hotel might only be several paragraphs. It identifies the guest, describes a disturbance and names the employees who responded and records the date the management was informed.
This report may bring up more questions for an attorney than it is able to solve. Who was the supervisor of the employees who were involved in this incident? Was surveillance footage preserved? Was the property in compliance with its procedures? Are there any interactions that occurred prior to the property that were not reported?
These questions demonstrate the reason why it’s often necessary to review business records prior to when witness testimony in a hospitality lawsuit.
Start by reviewing the documents that were created in normal business operations.
Records are maintained by hospitality businesses to plan guest services, staff training and security management and many more. Although they weren’t made to aid in litigation, they can help identify how a place operated 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. For instance A written policy could oblige a manager to take action when an employee reports an drunken guest.
Examining whether or not the manager actually was working and whether or not the report was properly communicated and the responses documented by the available evidence is the objective. Instead of inferring that procedures were adhered to or not It is more important to determine what actual actions were actually carried out.
There is a need for an independent analysis of the restaurant’s registers
The employees are split between the food service, beverage preparation customer demands and dining-room management. This presents a problem for investigation into restaurant operations. A restaurant expert witness is able to explain the impact of these responsibilities on the choices taken by employees while they serve.
Think about a dining-room incident that involves a customer who ordered alcohol at the bar before changing tables. The bar receipt could be proof of the initial order, while dining-room records will show the more recent orders.
The records could not provide what the server’s information was about the prior service. Reviewing the server assignments, transaction times notes from management, employee records together can aid in understanding the sequence. A distinction needs to be made when it comes to alcohol: the fact that it was sold doesn’t automatically mean that staff members recognized the presence of alcohol.
Casino Investigations may require different records
Casinos run beverage programs which differ from traditional restaurant services. Complimentary drinks, mobile cocktail servers, gaming floor supervisors and extensive security procedures create further sources of information.
An expert witness from a casino can review beverage staffing, security footage, and surveillance videos. They may also review procedures for employee communication. The typical sales receipt might not be correct when complimentary drinks are involved.
In these situations an investigation can be heavily based on the surveillance, employee observation and service records, as well as the procedures that are documented for the facility. Experts must be aware of the weaknesses of evidence instead of accepting insufficient records as proof.
Make sure you save the evidence prior to when it becomes unavailable
The preservation of records that are time sensitive is an issue for litigation involving hospitality. Certain surveillance systems only preserve recordings for a specified period of time. Different systems or departments may save employee calendars, internal communication and incidental records. Attorneys must identify pertinent documents and implement the appropriate measures early.
The scope of the investigation depends on the type of allegations. The extent of an investigation will be contingent on the accusations. A specific review can help determine the records that are pertinent without assuming every department played a function.
Understanding the paperwork is easier with operational experience
Preston Rideout, a hospitality professional since 1996, has experience in bartending and nightclub management and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has since provided guidance to hotels, restaurants and resort owners across the United States.
He has served as an expert witness in cases involving resorts, hotels, casinos and restaurants, for both the plaintiffs and defense counsel. It’s beneficial to have a background in hospitality management when interpreting documents that appear simple to those who are not familiar with the business.
A staffing schedule, for instance, identifies who was given the task. Being aware of whether the assignments provide the proper supervision requires understanding of the service model of the facility and its operating conditions.
Clearness in your questions is the initial step to a stronger argument
Early review by experts can assist attorneys in separating documents from unresolved issues. It can help determine which records are worth requesting and define the operational terms that is used in depositions.
There are many instances of an operational failure, and not every written policy shows that proper procedures were observed.
A professional analysis of hospitality is valuable when it explains these distinctions based on relevant evidence and industry-recognized practices. For attorneys preparing cases involving hospitality, understanding the company prior to questioning its employees can lead to a more focused, credible review of the actual events.