The hotel incident report could just be a few paragraphs. The report details the guests, describes the incident, identifies the personnel who responded, and also records when the management was informed.
This report may raise more questions for an attorney than it will be able to be able to. Who was in charge of supervising the employees involved? Was surveillance footage preserved? The facility followed its own procedures. Did previous interactions occur that weren’t recorded in the reports?
These questions demonstrate why it’s important to review business records of every day use prior to witness testimony in litigation involving hospitality.
Begin by examining the documents made during normal operations
Businesses in the hospitality industry keep records of scheduling, guest service as well as security, training and management. While these records weren’t created for litigation, they can help determine how a facility performed during a particular incident.
A Hospitality expert witness can look over staffing schedules, operating procedures, employee training documents, security logs and surveillance recordings to learn the roles assigned to various staff members. For instance an example, a policy that is official may say that the manager has to respond when an employee informs them of an intoxicated client.
In the course of investigating the incident, it is important to determine if the manager worked or if the report was issued, and from the evidence what the manager’s response was. Instead of simply assuming that processes were not followed or not It is more important to determine what actual actions were actually carried out.
Restaurant records require their own Interpretation
Restaurant investigations can be difficult due to the fact that employees have to divide their time between cooking food in the kitchen, serving customers and managing the dining area. A restaurant expert witness is able to discuss the effects of these roles on the choices taken by employees in service.
Imagine an incident in the dining area that involved a patron who purchased alcohol at the bar prior to moving to an area to sit. The bar receipt may document the initial purchase, while the dining-room transaction records show later orders.
However, these documents may not confirm what the tableserver knew about the prior service. Looking at all the data together such as server assignments and transaction times and management notes and employee statement will help clarify the process. A distinction must be made The fact that alcohol was sold doesn’t automatically suggest that employees are aware of intoxication.
Casino Investigations May require different documents
Casino beverage programs can be quite different from the ones of the traditional restaurant. Additional sources of information include free drinks as well as mobile cocktail servers, and gaming floor supervisors.
A Casino expert witness can review beverage staffing assignments, security reports, surveillance footage and employee communication. If beverages are offered as a complimentary benefit, the traditional receipts for sales can be incomplete.
In such a case an investigation may depend on surveillance records, employee observations and service records, in addition to the procedures that are documented for the facility. The expert should be able to spot any weaknesses in the evidence, and not be content with an insufficient record.
Conserve the Evidence before It is lost forever.
The preservation of records that are sensitive is a practical concern for litigation involving hospitality. Surveillance systems could keep recordings for only a short time. Employee schedules, internal communications and incident documents may be archivalized in different systems or departments. Attorneys should be able to locate relevant records and take the necessary measures early.
The scope of the necessary investigation is contingent upon the facts. For instance the restaurant might require restaurant and bar records. A resort incident might require documentation for an event such as travel arrangements or security communication. A targeted review can identify which records are important and not assume that all departments were involved.
Operational Experience helps explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010, he has advised the hotel, restaurant and resort operators throughout the United States and internationally.
He has served as an expert witness in cases involving hotels, casinos, resorts and restaurants, for both the plaintiffs and defense counsel. This background in operations can be useful in interpreting records which appear straightforward to someone who isn’t familiar with hospitality management.
Staffing schedules, for example determine who was given the task. To determine whether the assignments were proper you must know the structure of the building and its operating conditions.
Clearness in your questions is the first step towards a stronger argument
A thorough review of the expert’s work will help lawyers distinguish between the facts that are documented and those that remain unanswered. It will help identify documents that merit requesting as well as clarify the terminology used in depositions.
It is not necessary to prove that a written policy was followed if there are discrepancies.
The importance of expert analysis is in demonstrating the differences through evidence and recognized industry practices. When lawyers prepare a hospitality case, understanding the operations prior to questioning employees can result in a more precise, reliable examination of what actually occurred.