The hotel incident report could comprise only a few sentences. It identifies the guest, describes a disturbance and identifies the staff who responded and details the time the management was informed.
For an attorney, that report could be more complicated than it can answer. Who was in charge of supervising the employees in question? Was surveillance footage preserved? The facility was following its own policies. Do you know of any prior interactions which were not recorded?
These questions illustrate why it’s important to look over business records prior to testimony of witnesses in hospitality litigation.
Begin with the documents that are created in normal operation
Hospitality businesses generate records for training, scheduling guests service, scheduling and administration. These records weren’t necessarily made for litigation but they can be used to prove how the facility operated during an incident.
An expert witness in the field of hospitality may review staffing schedules and operating procedures, as well as employee training files as well as security logs, as well as recordings from surveillance cameras to determine what responsibilities are assigned to each employee. A written policy could require managers to address an employee who reports an intoxicated customer.
In the course of investigating the incident, it is important to determine if the manager worked on the incident, if the complaint was sent, and based on the evidence, what the response was. The goal is to analyze the actual operation rather than assuming that written guidelines were adhered to or not followed.
The interpretation of restaurant records may be different
Restaurant investigations can be challenging as employees divide their attention among food service, beverage preparation customers’ requests, the management of dining rooms. A restaurant expert witness can explain how these responsibilities affect the decisions employees take during service.
Imagine a scenario where the client purchased alcohol at the bar before being moved to the table. The bar receipt will record the order at first, while dining-room records will show the orders that were later placed.
The records could not provide what the server’s information was about the previous service. Looking at all the data together including servers assigned and transaction times, along with management notes and employee declarations, can help to clarify the order of events. 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
Casinos offer beverage services that differ from the ones provided by restaurants. Additional sources of information include free drinks as well as mobile cocktail servers, and gaming-floor supervisors.
An expert witness from a casino can review beverage staffing, security footage and surveillance. They can also go over procedures for employee communication. When beverages are provided as a complimentary service traditional sales receipts may be not complete.
In such a case an investigation may depend on surveillance available, employee observations and service records, as well as the documented procedures of the building. Experts must identify the limitations of evidence, instead of relying on incomplete records as evidence.
Save the Evidence Prior to It is lost forever.
One issue that can arise in the hospitality litigation field is the preservation of time sensitive documents. Surveillance systems could keep recordings for a limited time. Schedules of employees, internal communications as well as incident-related documentation could be kept in various departments or systems. Attorneys should identify and save documents that could be relevant as quickly as they are able.
The extent of the investigation is contingent on the type of allegations. For example the restaurant might require bar and dining room records. A resort incident may require documentation for an event as well as travel arrangements, or security messages. A targeted review can identify the records that are crucial and not assume that every department is involved.
Operations 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 was established in 2010 and has provided guidance to hotels, restaurants and resort operators throughout the United States.
He has served as an expert witness in cases involving hotels, casinos, resorts and restaurants for the defense and plaintiffs. His operational knowledge is helpful when interpreting records that may seem straightforward to someone who is not familiar with the management of hospitality.
A staffing schedule For instance, it identifies the individuals who were assigned to work. To determine if these assignments were proper you should know the service model of the facility and its operational conditions.
To help build a stronger case, ask better questions
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 records are worth requesting or clarifying the terms employed in depositions.
It is not required to prove that a written policy was followed when there are differences.
An expert analysis of hospitality is helpful when it can explain the distinctions with relevant evidence and well-known practices. Understanding the business before questioning employees in a hospitality matter can help lawyers prepare cases that have a an unbiased and trustworthy examination.