The hotel incident reports may only contain a few sentences. The report lists the guests, explains the incident, identifies the personnel who responded, and also records when the management was informed.
For attorneys, this report can bring more questions than it can answer. Who was supervising the employees that were involved? Was surveillance footage preserved? Did the facility follow its rules? Did previous interactions occur which were not reflected in the report?
These questions show why it’s important to examine ordinary business records prior to witness testimony in litigation involving hospitality.
Begin by looking over the documents created in normal business operations.
Businesses in the hospitality industry keep track of schedules, guest service security, training, and management. These records were not always made for litigation but they may be used to prove how the facility 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 the written policy may call for a supervisor to act when an employee has a complaint about an drunken guest.
In the course of investigating the incident, it is important to determine whether the manager was working on the incident, if the complaint was sent, and according to the evidence, what the manager’s response was. It is far more crucial to assess actual operations than to assume that the written instructions were followed or not observed.
There is a need for a separate understanding of the restaurant’s record.
The employees are split into the food service, beverage preparation, customer requests and dining-room management. This poses a challenge for investigation of restaurants. A restaurant expert witness can discuss the effects of these duties on the decisions made by employees during service.
Consider a dining-room incident involving an individual who had ordered drinks at the bar before moving to a table. The bar receipt may prove the initial purchase while the dining-room transaction records indicate later purchases.
The records could not provide what the server knew of the previous service. Looking at all the data together like server assignments and transaction times and management notes and employee statements could help in determining the order of events. It is crucial to note a distinction: just because alcohol was bought doesn’t mean the staff was intoxicated.
Casino Investigations may require different documents
Casinos offer beverage services which are distinct from the ones offered by restaurants. Drinks are free, there are mobile cocktail servers, gaming-floor supervisors, and extensive security operations create further sources of information.
A casino expert witness can look into beverage staffing, security footage, and surveillance videos. They can also look over processes for employee communication. The traditional sales receipt may not be true in the event of complimentary beverages.
In these situations the investigation may rely more on surveillance, employees’ observation or service records as well as documented procedures. The expert must also identify any weaknesses in the evidence, instead of taking an insufficient record as proof of an incident.
Keep the Evidence in place before it becomes unavailable
The preservation of documents that are sensitive is an issue for hospitality litigation. Some surveillance systems will only save records for a specific period of time. Information about employee schedules, internal communications and other information along with incident-related documentation may be kept by different departments or systems. Attorneys must identify and preserve potentially relevant records as soon as possible.
It’s all about the type of claim. For example the restaurant might require restaurant and bar records. An incident at a resort could require documentation for an event such as travel arrangements or security messages. You can find relevant records through an examination that is targeted, without having to assume that every department was involved.
The paperwork is the result of Operational Experience
Preston Rideout, a hospitality professional since 1996, has worked in managing nightclubs and bartending in addition to multi-unit drink operations. Rideout Hospitality Consulting was established in 2010 and has since provided guidance to hotels, restaurants and resort operators throughout the United States.
His expert witness work includes matters that involve hotels, restaurants resorts, casinos and hotels for both defense and plaintiff lawyers. This background in operations can be helpful in understanding records that could seem easy to a person who is unfamiliar with hospitality management.
A staffing plan is one example. It identifies the employees assigned to work. Knowing the service model and the operational environment of a building is crucial to establish if these assignments offer adequate supervision.
A better case for your argument starts with Clarer Questions
An early review by an expert can aid attorneys in distinguishing between evidence-based facts and questions that remain unanswered. It can help determine which records are worth requesting and define the terms that is used in depositions.
Not all discrepancies are indicative of an operational issue. There isn’t a single policy that proves that the correct procedures were implemented.
The analysis of a professional in the field of hospitality is helpful when it explains these distinctions using relevant evidence and industry-recognized practices. Understanding the business before conducting an investigation into employees in a hotel situation can assist lawyers in preparing a case with a more precise and credible investigation.