An incident report for a hotel may comprise only a few paragraphs. It describes the guest and describes the disturbance and names the employees who responded and also records the time management was notified.
This report could raise more questions for an attorney than it can be able to. Who was the person in charge of the employees in this case? Was surveillance footage preserved? The facility adhered to its own rules. Did previous interactions occur which were not reflected in the reports?
These questions show why it is crucial to study the business records of everyday businesses prior to testimony of witnesses in litigation involving hospitality.
Begin with the documents that are created during normal operations
Documents are kept by hospitality companies for scheduling, guest services, training for staff and security management and much more. Although they weren’t made to aid in lawsuits, they can be used to identify how a place operated during 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 A written policy could call for a supervisor to act to an employee who reports an intoxicated guest.
The investigation into whether or not the manager was actually working on the report, whether or no report had been communicated and what response is documented by the available evidence is the main objective. Instead of concluding that the procedures were not followed or not The goal is to assess how the actual operation were actually carried out.
The interpretation of restaurant records is different
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 space. A restaurant expert witness is able to discuss the effects of these roles on the choices made by employees during service.
Think about an incident in a dining room, involving the patron who bought alcohol at the bar prior moving to the table. The bar receipt could record the order at first, while records for dining rooms will reflect the later orders.
But, these records may not establish what the server at the table knew about the earlier service. Reviewing all the data, such as server assignments and transaction times, along with management notes and employee declarations could help in determining the order of events. It is crucial to note a distinction: the fact that alcohol was purchased doesn’t mean employees noticed that they were drunk.
Casino Investigations May Require Different Records
Casinos have beverage programs that are different than the ones offered by eateries. Cocktails with complimentary drinks, mobile servers, gaming floor supervisors as well as extensive security operations are additional sources of information.
An expert witness from a casino can look over beverage staffing assignments surveillance footage, security reports, and procedures governing employee communication. Traditional sales receipts might not provide a complete account when beverages are free.
In such circumstances, an investigation might depend on surveillance evidence, observations of employees and service records as well as the procedures that are documented for the building. Experts must identify the limitations of evidence, instead of relying on incomplete records as evidence.
Keep the evidence in place until it’s no longer available
The preservation of records that are time sensitive is a real concern for litigation involving hospitality. Surveillance systems might keep records for a limited time. The details about employee schedules and internal communications and incident documents can be stored by different departments or by different systems. Attorneys must identify any relevant documents early and take appropriate steps to safeguard them.
The necessary scope depends on the allegations. Restaurant claims may need documentation for dining and bar areas as well as a resort incident could involve event documentation as well as transportation arrangements and security communications. It is possible to determine relevant records through a targeted review, without being required to assume that all departments were involved.
Making sense of paperwork is much easier when you have experience in the field.
Preston Rideout, a hospitality professional since 1996, is experienced in nightclub management and bartending and multi-unit beverage operations. Rideout Hospitality Consulting was established in the year 2010 and has offered recommendations to restaurants, hotels and resort operators across the United States.
He has served as an expert witness in a variety of cases involving hotels, casinos, resorts and restaurants for plaintiffs’ and defense counsel. The operational background is beneficial in the interpretation of records that could seem easy to a person who isn’t familiar with hospitality management.
A staffing schedule is one example. It identifies who was assigned to work. To determine if those assignments were proper, you need to know the service model of the facility as well as its operating conditions.
To build a stronger case to build a stronger case, ask more questions
A quick review by an expert will help attorneys to distinguish between documented facts and unresolved questions. It may identify additional records worth requesting, help clarify operational terminology for depositions, and establish which employee decisions require more scrutiny.
The reason for discrepancies is not always because of a malfunction. Not every policy that proves that the correct procedures were adhered to.
Expert analysis in hospitality is useful in demonstrating these distinctions using relevant evidence and practices that are widely accepted by the industry. Understanding the operation prior to asking employees to answer questions in a hospitality case can assist attorneys in preparing the case for a more focused and credible examination.