A report of an incident at a hotel might only be several paragraphs. The report details the guests, explains the disturbance, names the staff who responded and also records when management was notified.
The report can raise more than one question for an attorney. Who was the supervisor of the employees who were involved in this incident? Was surveillance footage preserved? The facility had its own procedure. There were earlier interactions that were not recorded in the report?
This is the reason why it’s often necessary to look over business records prior an individual witness is called to testify in a lawsuit involving hospitality.
Begin by reviewing the documents that were created in normal operations
Records are maintained by hospitality businesses for scheduling, guest services, training for staff and security, management and more. While these records were not intended for use in litigation however, they can be useful in the purpose of determining how a place performed during a specific 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 instance an example, a policy that is official may say that the manager has to react when an employee informs them of an intoxicated client.
The investigation should determine if the manager was actually working and if the report was communicated, and what responses were provided in the evidence. The goal is to evaluate actual actions rather than to assume that the procedures written down were followed or ignored.
The interpretation of restaurant records is different
The investigation process in restaurants is difficult because restaurant employees are required to split their time between cooking food and serving customers as well as overseeing the dining room. A professional witness in the restaurant industry could help show how decisions made by employees are influenced by their responsibilities.
Consider a dining-room incident involving an individual who had ordered drinks at the bar prior to taking a seat at a table. The bar receipt might prove the initial purchase and the transaction records for dining room transactions indicate later purchases.
However, these records may not be able to prove what the tableserver was aware of about the earlier service. Combining the server assignments and transaction times, as well as management notes, and employee declarations will help to clarify the order. A key distinction is that the evidence of alcohol consumption does not mean that employees were aware of intoxication.
Casino Investigations Might require a different set of records
Casinos have beverage programs that differ from the ones provided by restaurants. Other sources of information are free drinks serving mobile cocktails, mobile cocktail servers as well as gaming-floor supervisors.
An expert witness from a casino can analyze beverage staffing and security reports and surveillance footage. They can also go over processes for employee communication. When beverages are provided in a free service, traditional sales receipts can be not complete.
In these circumstances the investigation might rely more heavily on available surveillance, employee observations, service documents, and the property’s documented procedures. The expert needs to also recognize any weaknesses in the evidence, instead of taking an insufficient record as proof of an incident.
Conserve the Evidence before It Does Not Remain Available
Conserving documents with time-sensitive information is a major concern when it comes to lawsuits involving hospitality. Surveillance systems might keep records for short periods. Schedules of employees, internal communications, and incident records may be stored in different departments or systems. Attorneys should be able to locate relevant documents and take appropriate steps early.
The necessary scope depends on the facts. A restaurant case may require bar and dining-room records for instance, while a resort event may require event documentation as well as transportation arrangements and security communications. A specific audit helps determine what records are important without assuming every department played a part.
Operational Experience Helps Explain the Paperwork
Preston Rideout, a hospitality professional since 1996, has experience in nightclub management and bartending as well as multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010, he has advised the hotel, restaurant and resort operators throughout the United States and internationally.
Expert witness testimony in favor of plaintiffs and defendants has encompassed issues related to resorts, casinos or restaurants, as well as hotels. The operational background is helpful in understanding records that could seem easy to a person who is unfamiliar with hospitality management.
Staffing plans, for instance, identify who has been assigned to work. The service model and operational conditions of a property is crucial to establish if these assignments offer adequate supervision.
To create a stronger argument, ask better questions
A thorough review of the expert’s work will help attorneys to distinguish between the facts that are documented and those that remain unanswered. It may also help identify what records are worth requesting or clarifying the terms that is used in depositions.
Every discrepancy is not an operational issue however, not every written policy shows that proper procedures were adhered to.
Expert analysis in hospitality is helpful when it can explain the differences using evidence and well-known practices. Understanding the business before asking employees to answer questions in a hospitality situation can assist lawyers in preparing an argument that is more precise and credible investigation.