The hotel incident report could just be a few paragraphs. It describes the guest who caused the disturbance that occurred, names the respondent employees and records the date management was notified.
The investigation could bring up multiple questions for an attorney. Who was accountable for supervising these employees? Was surveillance footage preserved? Did the property follow established guidelines? Did the property have earlier interactions that weren’t recorded in the report.
These questions show the reasons why it is sometimes necessary to study business records before witness testimony in a case involving hospitality.
Start with the documents created in Normal Operation
Hotels and restaurants keep records of guest service, scheduling guest service, training, security and management. These documents were not necessarily created for court proceedings, but they could be used to determine the operation of the establishment during an incident.
A Hospitality expert witness can examine staffing schedules, operating procedures, employee education documents, security logs and surveillance recordings to learn the duties assigned to different employees. For instance the written policy may oblige a manager to take action when an employee reports an drunken guest.
The investigation into whether or not the manager actually was working on the report, whether or no report was communicated, and the responses confirmed by the evidence is the objective. It is more important to assess actual operations than to assume that written directives were followed or not respected.
The interpretation of restaurant records can be different
Restaurant investigations are challenging because employees split their attention between the preparation of beverages, food service the customer’s requests and managing the dining area. An expert witness from the restaurant will explain how these duties influence the choices employees take during service.
Consider a dining-room incident involving an individual who had ordered drinks at a bar before changing tables. The bar receipt could document the initial purchase, while restaurant transaction records might reveal subsequent purchases.
But, these records might not confirm the information that the tableserver had about the earlier service. Looking at all the data together such as server assignments and time-of-transactions as well as management notes and employee statement will help clarify the sequence. One important point to remember is: evidence that alcohol was purchased does not mean that the staff member was intoxicated.
Casino Investigations may require different records
The beverage offerings at casinos can be quite different from the ones of the typical restaurant. Free drinks, mobile cocktail servers, gaming-floor supervisors, and extensive security procedures create additional sources of information.
A Casino expert witness could look over beverage staffing assignments security reports, surveillance footage as well as the rules governing employee communication. The traditional sales receipt may not be true in the event of complimentary beverages.
In such a case the investigation might rely more heavily on surveillance records or employee reports, service documentation, and even the property’s documented procedures. Experts must recognize the limitations of evidence, instead of relying on incomplete records as proof.
Make sure you keep the evidence until it’s no more available
The preservation of documents that are time sensitive is a crucial consideration when it comes to lawsuits involving hospitality. The records from surveillance systems could be kept for a limited duration. Employee schedules, internal communications and incident records may be kept in various departments or systems. Attorneys must be aware of relevant documents and take appropriate steps in the early stages.
The required scope is determined by the accusations. For example an establishment may need the records of its dining room and bar. A resort incident may require event documentation, travel arrangements, or security communication. It is possible to determine relevant records through an investigation that is specific, not needing to presume that every department was involved.
Operational Experience Helps Explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a business he started in 2010. He has advised restaurant, resort and hotel owners across the United States.
Expert witness testimony for plaintiffs as well as defendants has involved issues related to resorts, casinos or restaurants, as well as hotels. It’s helpful to have an understanding of hospitality management in order to understand documents that seem straightforward for those not experienced in the field.
Staffing schedules, for example you can identify the person who was given the task. To determine if those assignments were proper, you need to know the structure of the facility and its operational conditions.
Clearness in your questions is the first step in an argument that is stronger
A thorough review of the expert’s work will help lawyers distinguish between documents and unresolved issues. It could help identify which records are worth requesting or clarifying the terminology employed in depositions.
It is not necessary to demonstrate that a written policy was adhered to if there are contradictions.
It is the value of an expert’s assessment that shows these distinctions using established best practices in the industry and evidence. Attorneys who are preparing for a hospitality lawsuit can benefit from understanding the operations and their employees prior to examining them. This allows for a more focused investigation of what happened.