A hotel incident report might contain only a few paragraphs. The report lists guests who were involved, outlines the incident, names the people who responded, and also records when the management was informed.
For attorneys, this report might bring more questions than it answers. Who was the manager of the employees that were implicated in this matter? Was surveillance footage preserved? Did the property follow its established guidelines? Did the property experience any prior interactions that were not recorded in the report.
These questions demonstrate why it is often necessary to look over business records prior witnesses testify in a lawsuit regarding hospitality.
Start by looking through the documents created in normal business operations.
Records are maintained by hospitality companies for scheduling, guest services, training for staff and security, management and much more. While these records weren’t made to aid in legal proceedings, they may help establish how a property functioned during a particular 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 example an established policy could have a manager respond when an employee reports an intoxicated guest.
Examining whether or not the manager actually was working, whether or not the report was properly communicated and what response is documented by the available evidence should be the primary objective. It is important to look at actual actions than to assume that written directives were followed or not observed.
There is an need for a distinct interpretation of the restaurant’s records.
Restaurant investigations are challenging because restaurant employees are required to split their time between food preparation in the kitchen, serving customers and managing the dining space. A restaurant expert witness is able to explain the impact of these duties on the decisions taken by employees in service.
Consider a dining-room incident involving a customer who ordered alcohol at the bar before changing tables. The bar receipt can document the initial purchase, while the records of dining-room transactions record later purchases.
These records might not show what the server’s information was about the prior service. Combining server assignments with the transaction times, management notes and employee statements can clarify the sequence. It is important to distinguish The fact that alcohol was sold doesn’t automatically mean that staff members recognized the presence of alcohol.
Casino Investigations might require other records
Casinos offer drink packages that are different than the ones that are offered by restaurants. The additional drinks that are complimentary and cocktail servers at the casino floor, and security personnel can provide additional information.
An expert witness from a casino can examine beverage staffing assignments, surveillance footage, security reports and the procedures that govern employee communication. If beverages are offered as a complimentary service, the receipts from sales traditionally are insufficient.
In these circumstances, an investigation might be heavily based on the surveillance records, employee observations and service records, in addition to the procedures documented by the building. Experts must identify the limitations of evidence, rather than accepting incomplete records as evidence.
Keep the Evidence in place before it is lost forever.
One of the main concerns when it comes to hospitality litigation is the preservation of time-sensitive records. Surveillance systems might keep records for only a short time. Information regarding employee schedules and internal communications as well as incident documentation may be kept by different departments or by different systems. Attorneys need to identify relevant records earlier and take the necessary steps to preserve them.
The required scope is determined by the nature of the claims. A restaurant claim may require the bar’s and dining room’s records as well as a resort incident could need documentation for the event along with transportation arrangements, and security communications. It is possible to locate relevant records by conducting an in-depth review without being able to conclude that every department was involved.
Making sense of paperwork is much easier with operational experience
Preston Rideout has worked in hospitality since 1996. He has 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 across the United States.
He has been an expert witness in trials involving resorts, hotels, casinos as well as restaurants for the defense and plaintiffs. This operational background can be helpful in understanding records that appear straightforward to someone who is unfamiliar with hospitality management.
Staffing schedules, for example you can identify the person who was given the task. To determine if these assignments were proper you must know the model of service for the facility and its operational conditions.
To make a more convincing case Ask more pertinent questions
An early expert review can help attorneys differentiate between unresolved and documented issues. It can identify records that should be requested and also define the operational terms used in depositions.
It is not required to prove that a written policy was adhered to if there are differences.
The value of expert analysis is in demonstrating the differences through evidence and accepted industry practices. Knowing the process prior to conducting an investigation into employees in a hotel case can assist attorneys in preparing a case with a an unbiased and trustworthy examination.