An incident report for hotels could be just one or two paragraphs. It is a record of the guest’s name as the source of the incident, describes the incident, names the responding employees and details the time the management was informed.
The report may raise multiple issues to an attorney. Who was in charge of supervising the employees? Was surveillance footage preserved? Did the property follow established procedures? Are there any earlier interactions that were not recorded?
These questions demonstrate why it is important to look over business records prior to testimony of witnesses in hospitality litigation.
Begin with the documents that were created during normal operations
Records are kept by hospitality businesses to plan guest services, staff training and security, management and more. While these records were not intended to be used in litigation however, they can be useful in understanding how a business was able to perform during an incident.
A Hospitality expert witness can examine staffing schedules, operational procedures, training files, security logs, and surveillance recordings to understand the responsibilities given to different employees. As an example the policy could state that the manager must respond to an employee who reports an intoxicated client.
In the course of investigating the incident, it is important to determine whether the manager was working on the incident, if the complaint was submitted, and, in light of the evidence, what was the response. The aim is to determine actual actions rather than to assume that written procedures were either implemented or not.
There is a need for an independent understanding of the restaurant’s record.
Restaurant investigations are challenging because employees divide their attention among food service, beverage preparation the customer’s requests and the management of dining rooms. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a scenario where someone ordered alcohol at the bar, and later moved to the table. The bar receipt could confirm the initial order while records for dining rooms will reflect the subsequent orders.
These records might not show the server’s knowledge of the prior service. Combining server assignments and transaction times, as well as management notes, and employee records will help to clarify the order. The key difference is: evidence that alcohol was purchased is not automatically evidence that the staff member was intoxicated.
Casino Investigations May Require Different Records
Casinos offer beverage services which differ from the standard restaurant service. Free drinks, mobile cocktail servers, gaming-floor supervisors, and extensive security operations provide additional sources of data.
A casino expert witness may examine beverage staffing, security footage and surveillance. They could also examine procedures for employee communication. Traditional sales receipts may be insufficient when drinks are offered for free.
In such a case the investigation will rely on surveillance data employees’ observations, employee documentation, and even the process of the property’s documents. Experts must be aware of the limitations of evidence, rather than relying on insufficient data as proof.
Save the evidence before it’s no longer available
One practical concern in the hospitality litigation field is the protection of time-sensitive documents. Some surveillance systems will only save recordings for a certain period of time. Employee schedules, internal communications and incident records may be archivalized in different departments or in different systems. Attorneys need to identify relevant documents early and take appropriate steps to safeguard the records.
The scope of the investigation varies on the nature of the accusations. For example, a restaurant may need the records of its dining room and bar. A resort incident may require documentation for an event, travel arrangements, or security communication. The targeted reviews will help you determine what records are essential and not assume that every department was involved.
Operations Experience Helps Explain the Paperwork
Preston Rideout, a hospitality professional since 1996, has experience in managing nightclubs and bartending as well as multi-unit drinks operations. Through Rideout Hospitality Consulting, established in 2010, he has consulted the hotel, restaurant and resort operators throughout the United States and internationally.
Expert witness work for him includes matters involving hotels, restaurants resorts, casinos, and resorts for defense and plaintiff attorneys. This operational background can be helpful in interpreting documents that might seem simple to someone not familiar with the management of hospitality.
Staffing schedules, such as determine who was given the task. The service model and the operational requirements of a facility is necessary to determine whether these assignments will provide the appropriate supervision.
To help build a stronger case and build a stronger case, you must ask better questions.
A quick review by an expert helps attorneys differentiate established facts from ambiguous issues. It can help determine which records are worth requesting or clarifying the terms used to describe depositions.
Not all discrepancies are indicative of an operational failure. Neither is every procedure that proves that the right procedure was observed.
The analysis of a professional in the field of hospitality is beneficial in demonstrating these distinctions based on relevant evidence and well-known practices. When lawyers prepare the case for a hospitality client, understanding the business prior to questioning its employees could lead to a clearer, more accurate examination of what actually occurred.