A hotel incident report could consist of a few sentences. It identifies the guest who caused the disturbance and identifies the staff who responded and also records the time management was notified.
An attorney’s report might be more complicated than it addresses. Who was accountable for supervising the employees? Was surveillance footage preserved? The facility was following its own policies. Are there any earlier interactions that were not recorded?
These questions illustrate the need to study business records before an individual witness is called to testify in a case involving hospitality.
Begin with the Documents that were created during normal operations
Companies in the hospitality sector keep records of scheduling, guest service security, training, and management. Although these documents weren’t necessarily created for litigation, they can help establish how a property functioned in the aftermath of an 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 example the written policy may have a manager respond when an employee reports an drunken guest.
Investigating the incident should determine whether the manager was in charge on the incident, if the complaint was sent, and according to the evidence, what the response was. Instead of inferring that procedures were followed or ignored it is important to determine what actual actions actually occurred.
The interpretation of restaurant records can be different
Restaurant investigations can be difficult because employees must divide their time between food preparation and serving customers as well as managing the dining area. An expert witness from a restaurant can discuss the effects of these roles on the choices made by employees during service.
Imagine a situation in which a client ordered alcohol at the bar before being transferred to the table. The bar receipt might document the initial purchase, and the transaction records for dining room transactions record later purchases.
However, those records might not provide a clear picture of what the table server knew about the earlier service. Examining all the information together like server assignments and time-of-transactions, along with management notes and statements from employees can help to understand the sequence. There is a distinction to be made that the fact that alcohol was sold does not necessarily mean that staff members recognized intoxication.
Casino Investigations might require other records
Casino beverage plans can be distinct from those at the traditional restaurant. The availability of complimentary drinks and cocktail servers at the casino floor, and security personnel are all sources of additional information.
A Casino expert witness may look over beverage staffing assignments security reports, surveillance footage, and procedures governing employee communications. Traditional sales receipts may give an inaccurate account if drinks are provided for free.
In these circumstances, an investigation might be heavily based on the surveillance records, employee observations and service records, as well as the procedures that are documented for the facility. Experts should be aware of the weaknesses of evidence instead of accepting insufficient records as evidence.
Conserve the Evidence before It Becomes Unavailable
One practical concern when it comes to hospitality litigation is the preservation of time sensitive documents. Recordings from surveillance systems can be saved for a specific time. Schedules of employees, internal communications and incident documents may be kept in various systems or departments. Attorneys should identify and save the records that may be pertinent as soon as they are able.
The scope of the investigation depends on the type of allegations. Restaurant claims may need the bar’s and dining room’s records, while a resort incident may require event documentation, transportation arrangements, and security communications. A targeted review helps establish the relevant records without taking for granted that every department played any role.
Making sense of paperwork is much easier with operational experience
Preston Rideout is a hospitality veteran with over 20 years of experience. He has held positions in bartending, management and beverage operations across multiple companies. Rideout Hospitality Consulting was established in the year 2010 and has offered advice to restaurant, hotel and resort operators across the United States.
Expert witness testimony in favor of plaintiffs and defendants has covered issues involving resorts, casinos, restaurants, and hotels. It’s useful to have a background in hospitality management to interpret documents that look simple to those who aren’t familiar with the industry.
Staffing schedules, like determine who was given the task. To determine if these assignments were appropriate it is necessary to understand the service model of the facility as well as its operating conditions.
The ability to clearly state the issue is the first step to a stronger argument
Early expert review will help lawyers distinguish the documents from unresolved issues. It could help identify which documents are worthy of requesting, or defining the terms used for depositions.
Not all discrepancies are indicative of an operational issue. Also, not every policy that proves the correct procedure was implemented.
An expert analysis of hospitality is valuable when it can explain these distinctions based on relevant evidence and well-known practices. Understanding the business before interviewing employees in a situation can assist lawyers in preparing the case for a more focused and credible examination.
