The hotel incident report could comprise only a few sentences. It includes the name of the guest, the description of the disturbance as well as the names of the staff members who responded.
The report could raise more than one question for an attorney. Who was the manager of the employees that were implicated in this case? Was surveillance footage preserved? Did the facility follow its established guidelines? Do you know of any prior interactions that weren’t reported?
These questions show why it is important to study the business records of everyday businesses prior to testimony of witnesses in hospitality litigation.
Begin by examining the documents made during normal operations
The hospitality industry’s businesses keep track of schedules, guest service as well as security, training and management. Even though these documents were not intended to be used in court, they are useful for the purpose of determining how a place was able to perform during an incident.
An expert witness in Hospitality may study staffing plans, operational procedures, training documents, security logs and surveillance recordings to learn the responsibilities given to different staff members. For example A written policy could call for a supervisor to act to an employee who reports an drunken guest.
The investigation must determine if the manager was in fact working and if the report was communicated, and what response was provided by the evidence. It is more important to look at actual actions than to presume that written instructions were followed or not observed.
Restaurant Records require their own Interpretation
The employees are divided between the food service, beverage prep, customer requests and dining-room management. This is a major challenge for investigation into restaurant operations. An expert witness from a restaurant can discuss the effects of these responsibilities on decisions made by employees during service.
Imagine a dining room incident that involved the customer who purchased alcohol at the bar prior to making the move to a table. The bar receipt might prove the initial purchase while the dining-room transaction records indicate later purchases.
But, these records might not be able to prove the information that the tableserver had about the earlier service. Reviewing server assignments, transaction times notes of management and employee statements together can help to clarify the process. There is a distinction to be made The fact that alcohol was offered for sale does not suggest that employees are aware of intoxication.
Casino Investigations Can Require Different Records
The beverage offerings at casinos can be distinct from those at the traditional restaurant. Other sources of information are free drinks, mobile cocktail servers and gaming-floor supervisors.
A casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. When beverages are provided as a complimentary service traditional sales receipts can be insufficient.
In these situations an investigation can rely heavily on the surveillance evidence, observations of employees and service records, in addition to the procedures that are documented for the building. Experts must recognize the limitations of evidence, instead of accepting insufficient records as proof.
Keep the evidence until it’s no longer available
The preservation of documents that are time sensitive is a significant issue for the litigation of hospitality. Surveillance systems’ records can be retained for a brief period of time. The details about employees’ schedules and internal communications and incident documents may be kept by different departments or even systems. Attorneys should identify and save any relevant records as quickly as is possible.
The scope of the investigation varies on the type of accusations. For example the restaurant might require documents for the dining room or bar. A resort incident may require documentation for an event and travel arrangements or security communication. A specific audit helps determine the relevant records without having to assume that all departments played an important part.
The Paperwork is a result of Operating Experience
Preston Rideout, a hospitality professional since 1996, has worked in managing nightclubs and bartending and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has provided advice to restaurant, hotel and resort operators throughout the United States.
Expert witness testimony for both plaintiffs and defendants has included issues involving resorts, casinos, restaurants, and hotels. This knowledge of operations is beneficial when interpreting documents that may seem straightforward to someone who is not familiar with hospitality management.
Staffing schedules, like determine who was assigned to work. To determine if those assignments were proper you must know the model of service for the facility as well as its operating conditions.
A better case for your argument starts with Clarer Questions
An early expert review can help attorneys discern between documented and unresolved issues. It can help identify other records that are worth seeking, clarify the operational terminology for depositions, and determine which employee actions need closer scrutiny.
The reason for discrepancies is not always because of a failure in operation. Also, not every policy that proves that the correct procedure was adhered to.
The importance of expert analysis lies in explaining those distinctions through relevant evidence and accepted industry practices. Attorneys who are preparing for a hospitality lawsuit can benefit from understanding the operations and their employees before conducting an interview with them. This will allow an unbiased review of the events that occurred.