The hotel incident reports may comprise only a few sentences. It is a record of the guest’s name who caused the disturbance and identifies the staff who responded, and records the time management was notified.
This report may raise more questions for an attorney than it could be able to. Who was the person in charge of the employees in this matter? Was surveillance footage preserved? Did the property follow its procedures? Were there earlier interactions that never appeared in the report?
These are the reasons the reason why hospitality litigation typically necessitates an examination of standard business records before witness testimony commences.
Start with the documents created during normal operations
Companies in the hospitality sector keep records of scheduling, guest service security, training, and management. Although these records were not intended for use in litigation however, they can be useful in understanding how a business performed during a specific 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, and footage from surveillance cameras to determine the duties that are assigned to each individual. For instance A written policy could oblige a manager to take action to an employee’s report of an intoxicated guest.
The investigation should establish whether the manager was in fact working and if the report was communicated, and what response was provided by the evidence. The objective is to assess actual operations rather than assume that the procedures written down were implemented or not.
There is an need for a distinct interpretation of the restaurant’s records.
The employees are split between the food service, beverage preparation, customer requests and dining-room management. This is a major challenge for investigation of restaurants. A restaurant expert witness can explain how these responsibilities influence the choices employees make in service.
Imagine an incident in the dining room involving a patron who purchased alcohol at the bar prior to taking an area to sit. The bar receipt can be evidence of the initial purchase, whereas the restaurant transaction records might reveal subsequent purchases.
But, these records might not confirm the knowledge of the tableserver about the prior service. Combining the server assignments, transaction time, management notes, and employee declarations can clarify the sequence. An important distinction remains: the fact that alcohol was bought does not mean that staff recognized intoxication.
Casino Investigations May Require Different Records
The beverage offerings at casinos can be significantly different from those offered by a traditional restaurant. The addition of complimentary drinks as well as cocktail servers on the gaming floor, and security personnel can provide additional information.
A casino expert witness can examine beverage staffing, security footage, and surveillance videos. They may also review procedures for employee communication. If beverages are offered as a complimentary service traditional sales receipts may be not complete.
In this case an investigation can rely on surveillance, employee observation or service records as well as documented procedures. The expert must also be able to spot any limitations in the evidence, and not just accept an incomplete document.
Make sure you keep the evidence until it’s no more available
The preservation of documents that are time sensitive is a significant concern when it comes to litigation that involves hospitality. Certain surveillance systems can only store recordings for a certain period of time. Different departments or systems can keep employee schedules, internal communications and incidental records. Attorneys need to identify relevant records earlier and take the appropriate steps to protect these records.
It is contingent on the type of claim. Restaurant claims may need documents for the dining room and bar and a resort-related incident could require documentation of the event as well as transportation arrangements and security communications. A specific audit helps determine which records are relevant without taking for granted that every department played some part.
The Paperwork is a Result of Operational Experience
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 the year 2010 and has offered guidance to hotels, restaurants and resort operators throughout the United States.
Expert witness testimony for both plaintiffs and defendants has included issues involving resorts, casinos restaurant, hotels, and casinos. The operational background is beneficial when interpreting documents that may seem straightforward to someone who is not familiar with hospitality management.
A staffing schedule For instance, it identifies who was assigned to work. Knowing the service model and operational conditions of a property is essential to know if the assignments are supervised in a proper manner.
A stronger case starts with Simpler Questions
An early expert review helps attorneys differentiate evidence-based facts from issues that remain unresolved. It can identify records that are worthy of requesting and help clarify the operational terminology that is used in depositions.
There are many instances of an operational error, and not every document proves that the appropriate procedures were observed.
The value of expert analysis is to explain the distinctions with relevant evidence and accepted industry practices. If lawyers are preparing the case for a hospitality client, understanding the business prior to questioning its employees could lead to a more specific, convincing review of the actual events.
