The hotel incident report may comprise only a few sentences. It describes the guest as the source of the incident, describes the incident that occurred, names the respondent employees and records the date management was notified.
An attorney’s report might cause more questions than it can answer. Who was in charge of supervising the employees in question? Was surveillance footage preserved? Was the property in compliance with the rules? Are there any interactions that occurred prior to the property that weren’t documented?
These questions demonstrate why it is crucial to study the business records of everyday businesses prior to testimony of witnesses in litigation involving hospitality.
Begin by examining the documents made during normal operations
Companies in the hospitality sector keep records of scheduling, guest service as well as security, training and management. While these records weren’t created for litigation, they can help identify how a place operated in the aftermath of an incident.
A Hospitality expert witness may examine staffing schedules, operating procedures, employee education documents, security logs and surveillance records to comprehend the responsibilities given to different employees. As an example the policy could stipulate that the manager should respond when an employee is notified of an intoxicated client.
The investigation must determine if the manager was on duty and if the report was shared, and the response the available evidence documents. Instead of inferring that procedures were observed or not it is important to determine what actual actions actually took place.
There is an need for a distinct understanding of the restaurant’s record.
Restaurant investigations present challenges because employees have to divide their time between food service, beverage preparation, customer requests, and the management of 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 a dining room, involving someone who bought drinks at the bar prior moving to the table. The bar receipt can prove the initial purchase and the transaction records for dining room transactions show later orders.
However, these records might not be able to determine the information that the table server had about the earlier service. The combination of server assignments, transaction time, management notes and employee statements will help to clarify the order. It is important to make the distinction that just because alcohol was bought does not mean that the employees were intoxicated.
Casino Investigations can require different forms of documentation
Casino beverage programs are quite different from the ones of the traditional restaurant. Additional sources of information include free drinks, mobile cocktail servers and gaming-floor supervisors.
A casino expert witness could examine beverage staffing, security footage and surveillance. They may also review processes for employee communication. The traditional sales receipt may not be accurate when complimentary drinks are involved.
In such a case an investigation may depend on surveillance, employee observation and service records, as well as the documented procedures of the premises. The expert needs to also recognize any weaknesses in the evidence, instead of taking an insufficient record as proof of a specific event.
Make sure you keep the evidence until it’s no more available
The preservation of records that are sensitive is an issue for litigation involving hospitality. Records from surveillance systems may be saved for a specific period of time. Different departments or systems could archive employee schedules, internal communications and incidental documents. Attorneys must identify any relevant records in the early stages and take the necessary steps to secure them.
The scope of the necessary investigation is contingent upon the accusations. For example restaurants may require restaurant and bar records. An incident at a resort could need documentation of the event and travel arrangements or security messages. A targeted review helps establish what records are important without presuming that every department had some role.
Understanding the paperwork is easier with operational experience
Preston Rideout, a hospitality professional since 1996, has experience in nightclub management and bartending as well as multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has provided advice to restaurant, hotel and resort operators throughout the United States.
Expert witness testimony on behalf of plaintiffs and defendants has covered matters involving casinos, resorts or restaurants, as well as hotels. It is helpful to have some experience in hospitality management in order to understand documents that look simple to those who aren’t experienced in the field.
Staffing schedules, for example determine who was given the task. To determine if those assignments were under appropriate supervision requires knowledge of the property’s service model and operating conditions.
To build a stronger case to build a stronger case, ask more questions
A quick review by an expert can assist attorneys in separating documented facts from unresolved issues. It may help identify which documents are worth seeking or defining the terms employed in depositions.
Each discrepancy does not indicate an operational error however, not every document proves that the appropriate procedures were adhered to.
It is important to have an expert’s analysis which demonstrates the distinctions made by utilizing established business practices and pertinent evidence. Understanding the business before questioning employees in a hospitality matter can help lawyers prepare cases that have a more focused and credible examination.