A hotel incident report might consist of a few sentences. The report details guests, details the disturbance, names the staff who responded and records the time the management was informed.
For attorneys, this report might be more complicated than it can answer. Who was responsible for supervising the workers involved? Was surveillance footage preserved? The facility adhered to its own rules. Did the property experience any prior interactions that weren’t recorded in the report.
These questions illustrate why it is important to examine ordinary business records prior to testimony of witnesses in hospitality litigation.
Start with the documents created in Normal Operation
Records are kept by hospitality businesses to plan, staff training, guest services, security, management, and much more. Although they weren’t created for legal proceedings, they may help determine how a facility performed during an incident.
An expert witness in hospitality will review the schedules of staffing as well as operating procedures, employee training records Security logs, security records and surveillance recordings in order to better understand what responsibilities are delegated to what employees. For instance A written policy could oblige a manager to take action to an employee’s report of an drunken guest.
The investigation should establish whether the manager was actually working with the manager, whether the report was communicated, and what response the evidence reveals. Instead of inferring that procedures were followed or ignored it is important to find out what actually occurred.
The way to interpret restaurant records is different
Restaurant investigations can be difficult due to the fact that employees have to divide their time between food preparation and serving customers as well as managing the dining room. A qualified witness in the restaurant industry can explain how employees’ decisions are affected by these responsibilities.
Think about a dining-room incident that involves an individual who had ordered drinks at the bar, before changing tables. The bar receipt can confirm the initial order and the records from the dining room will record the more recent orders.
These records might not show what the server knew of the previous service. Looking at all the data together, such as the server’s assignments and times of transactions and management notes and statements from employees will help clarify the sequence. A key distinction is that evidence that alcohol was purchased does not mean that employees were aware of intoxication.
Casino Investigations might require other records
Casinos offer beverage services that are different from the ones that are offered by restaurants. The addition of complimentary drinks, cocktail servers at the casino floor, and security personnel can provide additional information.
An expert witness from a casino can examine beverage staffing, security footage and surveillance. They can also look over protocols for employee communication. The standard sales receipt may not be true when complimentary beverages are being served.
In those circumstances the investigation might rely more heavily upon surveillance and employee observation, service documentation, and even the documenting procedures of the property. The expert should also be able recognize any weaknesses in the evidence and not just accept an incomplete record.
Save the evidence before it becomes unavailable
The preservation of documents that are time sensitive is a crucial consideration in the context of litigation related to hospitality. Surveillance systems could keep recordings for limited periods. Schedules of employees, internal communications and incident documentation may be kept in various departments or in different systems. Attorneys need to identify and archive any relevant records as quickly as they are able.
It’s all about what the claim is. Restaurant claims may need bar and dining-room records for instance, while a resort event could involve event documentation, transportation arrangements, and security communications. Specific reviews can help determine which records are important and not assume that all departments are involved.
Operational Experience Aids in Explaining the Paperwork
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has since provided recommendations to restaurants, hotels and resort operators across the United States.
Expert witness work for him includes matters that involve hotels, restaurants resorts, casinos, and resorts for defense and plaintiff attorneys. This knowledge of operations is beneficial when interpreting documents that might seem simple to someone who is not familiar with hospitality management.
A staffing schedule is one example. It identifies the individuals who were given the task. Being aware of whether the assignments provide the proper supervision requires understanding of the service model of the facility and its operational conditions.
The ability to clearly state the issue is the first step to an argument that is stronger
Early expert review helps attorneys discern between documented and unresolved issues. It may also help identify what documents merit requesting or defining the terms that is used in depositions.
It is not required to prove that a written policy was adhered to if there are differences.
A professional analysis of hospitality is beneficial when it explains these distinctions based on relevant evidence and recognized practices. For attorneys preparing cases involving hospitality, understanding the company prior to questioning its employees could lead to a clearer, more accurate examination of what actually occurred.