The incident report for a hotel may only contain a few sentences. It contains the name of the guest, the description of the issue as well as the names of the responding staff.
This report may raise more questions for an attorney than it is able to answer. Who was responsible for supervising these employees? Was surveillance footage preserved? The facility followed its own procedures. Did you have any previous interactions that weren’t documented?
These questions demonstrate the reason why it’s often necessary to study business records before witnesses testify in a hospitality lawsuit.
Start with the documents created during normal operations
Hotels create documents for training, scheduling guests service, scheduling and management. Even though these documents weren’t created to be used in court however, they can be useful in documenting how a facility performed in the event of a specific incident.
A Hospitality expert witness could study staffing plans, operational procedures, education documents, security logs and recordings of surveillance to determine the roles assigned to various staff members. For example A written policy could call for a supervisor to act to an employee’s report of an drunken guest.
The investigation should determine if the manager was on duty on the report, if it was shared, and the response the available evidence documents. The goal is to evaluate actual operations rather than assume that written procedures were either adhered to or not followed.
Restaurant Records require their own Interpretation
The employees are split into the catering, beverage prep customer demands and dining-room management. This presents a problem for investigation into restaurant operations. A professional witness in the restaurant industry could help explain how employees’ decisions are influenced by their responsibilities.
Imagine a situation in which the customer ordered drinks from the bar and was transferred to a table. The bar receipt can document the initial purchase, while the records of dining-room transactions show later orders.
These records might not show what the server knew of the prior service. Looking over the server assignments, transaction times notes of management and employee records together can help clarify the sequence. It is crucial to note a distinction: just because alcohol was bought does not mean that staff was intoxicated.
Casino Investigations might require other records
Casinos offer beverage services which are distinct from those offered by eateries. Free drinks, mobile cocktail servers, gaming-floor supervisors, and extensive security operations create further sources of information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. If beverages are offered as a complimentary service, the receipts from sales traditionally are not complete.
In such circumstances an investigation can be heavily based on the surveillance evidence, observations of employees and service records, as well as the procedures documented by the premises. The expert must be able recognize any shortcomings in the evidence and not just accept an incomplete record.
Save the evidence until it’s no longer available
The preservation of records that are sensitive is a significant issue for the litigation of hospitality. Surveillance systems’ records can be retained for a brief duration. Employee schedules, internal communications, and incident documentation may be archivalized in different departments or systems. Attorneys must identify any relevant records early and take the appropriate steps to safeguard the records.
The extent of the investigation is contingent on the type of accusations. The scope of an investigation will depend on the allegations. Targeted reviews help identify which documents are necessary and not assume that all departments are involved.
The paperwork is the result of operational experience
Preston Rideout has worked in hospitality since 1996, with prior experience in bartending, nightclub management, as well as multi-unit drinks operations. Rideout Hospitality Consulting was established in 2010 and has been providing recommendations to restaurants, hotels and resort operators throughout the United States.
Expert witness testimony for both plaintiffs and defendants has included issues related to resorts, casinos, restaurants, and hotels. This background in operations can be helpful in understanding records that may seem straightforward to someone who is not familiar with hospitality management.
A list of staffing plans will, for instance, identify the people who were assigned to work. Understanding whether those assignments provided adequate supervision is dependent on knowing the property’s service model and operating conditions.
To create a stronger argument and build a stronger case, you must ask better questions.
An early expert review can help attorneys discern between documented and unresolved problems. It could help identify which documents are worthy of requesting, or clarifying the language employed in depositions.
It is not required to prove that a policy written was followed in the event of differences.
It is the value of an expert’s analysis that demonstrates these distinctions using established industry practices and relevant evidence. If lawyers are preparing cases involving hospitality, understanding the business prior to questioning its employees can lead to a clearer, more accurate investigation of what actually happened.
