A hotel incident report might consist of a few sentences. The report lists guests, details the incident, names the people who responded, and records the time the management was informed.
The report could raise multiple questions to an attorney. Who was responsible for supervising these employees? Was surveillance footage preserved? The facility followed its own procedures. Did the property have previous interactions that were not recorded in the report.
These questions highlight why it is crucial to study the business records of everyday businesses prior to testimony of witnesses in hospitality litigation.
Start by looking through the documents that were produced in normal business operations.
Hotels create documents to schedule, train guests service, scheduling, and management. Although they weren’t designed to be used in lawsuits, they can be used to establish how a property functioned during an 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. Written policies may demand that the manager take action to employees who report an intoxicated client.
Investigating whether or if the manager actually was working in the workplace, whether or not the report was communicated, and the responses confirmed by the evidence should be the primary objective. It is much more important to look at actual actions than to presume that the written instructions were followed or not observed.
Restaurant records require their own Interpretation
The employees are split into the food service, beverage preparation customer demands and dining-room management. This creates a challenge for investigation into restaurant operations. An expert witness from a restaurant can discuss the effects of these roles on the choices made by employees during service.
Consider an incident in the dining area that involved an individual who had purchased alcohol at the bar prior to moving to a seat. The bar receipt might prove the initial purchase while the dining-room transaction records indicate later purchases.
These records might not show what the server’s information was about the prior service. Combining the server assignment the time of transactions, managerial notes and employee communications could help in determining the sequence. It is important to distinguish The fact that alcohol was sold does not necessarily mean that staff members recognized the presence of alcohol.
Casino Investigations Might require a different set of records
Casinos offer drink packages that are different from the ones offered by restaurants. The inclusion of complimentary drinks and cocktail servers on the gaming floor, and security personnel can provide additional information.
An expert witness at a casino can examine the assignments for staffing of beverages along with surveillance footage as well as security reports and employee communication protocols. If beverages are offered as a complimentary service, traditional sales receipts may be 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. Experts must recognize the weaknesses of evidence rather than relying on insufficient data as proof.
Keep the evidence until it’s no more available
Documents that have to be saved for time is a significant concern in the context of litigation involving hospitality. The records from surveillance systems could be retained for a brief duration. Different systems or departments may keep employee calendars, internal communications and incidental documents. Attorneys need to identify and archive the records that may be pertinent as soon as they can.
The scope of the investigation depends on the nature of the allegations. A restaurant complaint may require documentation for dining and bar areas and a resort-related incident could involve event documentation, transportation arrangements, and security communications. A targeted review helps establish the relevant records without taking for granted that every department played some function.
The Paperwork is a Result of operational experience
Preston Rideout, a hospitality professional since 1996, has worked in the management of nightclubs and bartending as well as multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has since provided advice to restaurant, hotel and resort owners across the United States.
Expert witness testimony on behalf of plaintiffs as well as defendants has involved matters that involved resorts, casinos or restaurants, as well as hotels. The operational background can be useful in the interpretation of records that appear straightforward to someone unfamiliar with hospitality management.
Staffing schedules, such as you can identify the person who was assigned to work. To determine if these assignments were proper, you need to know the model of service for the facility and its operational conditions.
To make a more convincing case to build a stronger case, ask more questions
An early expert review will help lawyers distinguish the documented facts from unresolved issues. It could help identify which records are worth requesting or clarifying the terminology used to describe depositions.
There are many reasons why discrepancies may not be indicative of an operational failure. Not every procedure that proves that the right procedures were followed.
The value of experts is that they can explain these distinctions using relevant evidence and recognized industry practices. When lawyers prepare the case for a hospitality client, understanding the operation before questioning its employees can result in a more precise, reliable analysis of what actually transpired.