The hotel incident report could comprise only a few sentences. The report identifies the guests, explains the incident, names the staff who responded and also records when the management was informed.
An attorney’s report may raise more questions than it addresses. Who was the supervisor of the employees who were involved in this particular case? Was surveillance footage preserved? Did the property follow the rules? Are there any interactions that occurred prior to the property which were not recorded?
These questions highlight the need to study the business records of everyday businesses prior to witness testimony in hospitality litigation.
Begin by looking over the documents that were created in normal operations
Companies in the hospitality sector keep records of scheduling, guest service, training, security and management. Although they weren’t created for lawsuits, they can be used to establish how a property functioned in the aftermath of an incident.
An expert witness in the field of hospitality could review the staffing schedules and operating procedures, as well as employee training files, logs of security, and footage from surveillance cameras to determine the responsibilities that are given to each employee. For example, a written policy might require a manager to respond to an employee’s report of an intoxicated guest.
Examining whether or not the manager actually worked, whether or not the report had been communicated and the responses confirmed by the evidence should be the primary objective. It is important to examine the actual performance of the operation rather than to presume that the written instructions were followed or not respected.
There is a need for a separate analysis of the restaurant’s registers
Restaurant investigations can be challenging as employees divide their attention among the preparation of beverages, food service, customer requests, and the management of dining rooms. An expert witness from the restaurant can provide an explanation of how these responsibilities impact the choices that employees take during service.
Think about a dining-room incident that involves a customer who ordered alcohol at a bar before changing tables. The bar receipt could be proof of the initial purchase, and the transaction records for dining room transactions indicate later purchases.
The records could not provide what the server knew of the previous service. By examining all of the data, such as server assignments and transaction times as well as management notes and statements from employees will help clarify the process. A key distinction is that the evidence of alcohol consumption does not necessarily mean that staff recognized intoxication.
Casino Investigations Can Require Different Records
Casinos have drink programs that differ from those offered by eateries. The additional drinks that are complimentary cocktails, servers serving drinks at the casino floor, and security personnel can provide additional information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. Traditional sales receipts may provide an incomplete account when drinks are offered for free.
In such a case an investigation can depend on surveillance records, employee observations and service records, in addition to the documented procedures of the building. Experts must be aware of the weaknesses of evidence rather than relying on insufficient data as proof.
Keep the evidence until it’s no longer available
The preservation of documents that are sensitive is a real concern for litigation involving hospitality. Surveillance systems might keep records for limited periods. Employee schedules, internal communications, as well as incident-related documentation could be archivalized in different departments or systems. Attorneys must locate and secure any relevant records as quickly as is possible.
The scope of the necessary investigation is contingent upon the facts. For instance the restaurant might require documents for the dining room or bar. A resort incident may require documentation for an event, travel arrangements, or security communications. A targeted review can identify what records are essential without making assumptions that all departments are involved.
It is easier to understand the paperwork with operational experience
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held roles in management, bartending, as well as beverage operations for several divisions. Rideout Hospitality Consulting is a business he started in 2010. He has provided advice to restaurant, resort and hotel owners across the United States.
Expert witness work for him includes matters that involve hotels, restaurants, resorts, and casinos for plaintiff and defense counsel. The operational background is useful in interpreting records which appear straightforward to someone who is not familiar with hospitality management.
A staffing plan can, for example, identify the employees given the task. To determine whether the assignments were appropriate you should know the model of service for the facility as well as its operating conditions.
Clarity in questions is the first step towards a stronger argument
An early review by an expert can aid attorneys in distinguishing between evidence-based facts and questions that remain unanswered. It could help identify which documents merit requesting or defining the terms used for depositions.
There are many instances of an operational flaw or a lack of written policy demonstrates that the proper procedures were followed.
It is the value of an expert’s report that illustrates these distinctions using established business practices and pertinent evidence. In the case of attorneys who are working on cases involving hospitality, understanding the business prior to questioning its employees can result in a more precise, reliable examination of what actually occurred.