The hotel incident report could comprise only a few sentences. The report lists the guests, describes the incident, names the people who responded, and records the time the management was informed.
The investigation could bring up multiple issues to an attorney. Who was the person in charge of the employees in this particular case? Was surveillance footage preserved? Did the facility follow its rules? Do you know of any prior interactions that weren’t documented?
These questions illustrate why litigation involving hospitality often requires an examination of ordinary business records before testimony of witnesses commences.
Start by reviewing the documents that were made during normal operations.
Hospitality businesses generate records for training, scheduling guests, guest service, security and management. They are not created for court proceedings, but they could be used to determine the operation of the establishment during an incident.
An expert witness in Hospitality may review staffing schedules and operating procedures, employee training documents, security logs and surveillance records to comprehend the responsibilities given to different personnel. A written policy might require that a manager respond to the employee who complains about an intoxicated customer.
In the course of investigating the incident, it is important to determine if the manager worked or if the report was issued, and in light of the evidence, what was the response. Instead of inferring that procedures were not followed or not it is important to find out what actually took place.
Restaurant Records require their own Interpretation
Investigations in restaurants are difficult because restaurant employees are required to split their time between food preparation, serving customers, and managing the dining room. A Restaurant expert witness will explain how these duties impact the choices that employees take during service.
Imagine a situation in which a client ordered alcohol from the bar and then moved to the table. The bar receipt may document the initial purchase, while the dining-room transaction records show later orders.
Those records may not reveal what the server was aware of about the prior service. The combination of server assignments the time of transactions, managerial notes and employee statements will help to clarify the order. It is essential to keep an important distinction: just because alcohol was purchased does not mean that employees were intoxicated.
Casino Investigations might require other records
Casinos operate beverage programs which can be quite different from standard restaurant service. Additional sources of information are free drinks as well as mobile cocktail servers, and gaming-floor supervisors.
A professional witness from a casino can examine the assignments for staffing of beverages and surveillance footage as well as security reports and employee communications procedures. The standard sales receipt may not be valid in the event of complimentary beverages.
In those instances the investigation could rely on surveillance data employees’ observations, employee records, and the process of the property’s documents. Experts must be aware of the weaknesses of evidence instead of accepting insufficient records as evidence.
Make sure you save the evidence prior to when it’s unavailable
The preservation of records that are time sensitive is a real concern for litigation involving hospitality. Recordings from surveillance systems can be stored for a short period of time. Schedules of employees, internal communications as well as incident-related documentation could be stored in different departments or in different systems. Attorneys need to identify relevant records in the early stages and take the appropriate steps to preserve these records.
The extent of the investigation is contingent on the nature of the allegations. A restaurant complaint may require documentation for dining and bar areas, while a resort incident could involve event documentation as well as transportation arrangements and security communications. You can determine relevant documents by performing an in-depth review without being able to conclude that all departments were involved.
The Paperwork is a result of Operational Experience
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 by Preston Rideout, he has provided advice to the hotel, restaurant and resort owners in the United States and internationally.
Expert witness work for him includes matters involving hotels, restaurants resorts, casinos, and restaurants for plaintiff and defense counsel. It’s beneficial to have a background in hospitality management when interpreting documents that look simple for those not experienced in the field.
Staffing plans, for instance you can identify the person who was given the task. Knowing the service model and the operational requirements of a facility is necessary to determine whether these assignments will provide the appropriate supervision.
To build a stronger case, ask better questions
Early expert review helps attorneys discern between documented and unresolved problems. The review can reveal additional records that are worth seeking, clarify the how depositions are conducted, and identify which decisions of employees require a closer look.
Every discrepancy is not an operational issue, and not every document proves that the appropriate procedures were followed.
The analysis of a professional in the field of hospitality is helpful when it explains these distinctions using relevant evidence and recognized practices. Attorneys preparing for a hospitality lawsuit can benefit from understanding the operation and its employees before interviewing them. This will allow an in-depth investigation of what happened.