A report of an incident at a hotel might only be short, perhaps a couple of paragraphs. The report details guests who were involved, outlines what happened, names people who responded, and records when the management was informed.
The investigation could bring up multiple issues 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? Did previous interactions occur that weren’t recorded in the reports?
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 reviewing the documents that were made in normal business operations.
Businesses that operate in the hospitality industry create records for scheduling, training, guest service, security and management. These records were not always designed for litigation, but they can be used to document how the facility operated 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. As an example one policy may say that the manager has to respond to an employee who reports an intoxicated client.
The investigation must determine if the manager was on duty and if the report was distributed, and what response the available evidence documents. It is much more important to look at actual actions as opposed to assuming that written instructions were adhered to or not followed.
The interpretation of restaurant records may be different
The employees are split into the food service, beverage prep as well as customer service and dining room management. This presents a problem for investigation of restaurants. An expert witness in the restaurant industry can show how decisions made by employees are influenced by these duties.
Imagine an incident in the dining room involving the patron who bought alcohol at the bar prior moving to a seat. The bar receipt may record the purchase at the beginning, while the records of dining-room transactions record later purchases.
Those records may not reveal what the server knew of the prior service. By examining all of the data such as server assignments and transaction times, along with management notes and statements from employees can help to understand the process. One important point to remember is: the fact that alcohol was bought is not automatically evidence that employees were aware of intoxication.
Casino Investigations might require other records
Casinos have beverage programs that differ from those offered by restaurants. Complimentary drinks, mobile cocktail servers, gaming floor supervisors and extensive security procedures create additional sources of information.
A casino expert witness may examine beverage staffing, surveillance footage and security reports. They could also examine procedures for employee communication. Traditional sales receipts may not provide a complete account when beverages are free.
In those circumstances, the investigation may depend more heavily on available surveillance, employee observations, service records, and procedure for the property’s documentation. The expert must also be able recognize any weaknesses in the evidence and not simply accept a faulty document.
You should keep the evidence up to the point that it’s no more available
A major concern when it comes to hospitality litigation is the protection of time sensitive documents. Certain surveillance systems only preserve recordings for a specified period of time. Different departments or systems may archive employee schedules, internal communication, and incident documents. Attorneys need to identify relevant records in the early stages and take the appropriate steps to protect them.
It is contingent on what the claim is. The extent of an investigation will be contingent on the allegations. A focused review will help identify which records are relevant without assuming every department played a role.
Operational Experience helps explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with previous experience in bartending and nightclub management, as well as multi-unit drinks operations. Rideout Hospitality Consulting is a company that he established in the year the year 2010. He has provided advice to on resort, restaurant, and hotel operators throughout the United States.
He has been an expert witness in a variety of cases involving hotels, casinos, resorts and restaurants for the defense and plaintiffs. It’s useful to have a background in hospitality management when interpreting documents that look simple to those who are not familiar with the business.
Staffing schedules, for example to identify who has been assigned to work. Knowing the service model and operating conditions of the property is vital to determine if the assignments are supervised in a proper manner.
A stronger case starts with More lucid questions
An early expert review will assist attorneys in separating evidence-based facts and questions that remain unanswered. It may also help identify what documents merit requesting or clarifying the terms used to describe depositions.
Every discrepancy is not an operational failure, and not every written policy proves that appropriate procedures were adhered to.
Expert analysis in hospitality is beneficial when it can explain these distinctions based on relevant evidence and recognized practices. Attorneys preparing for a lawsuit can benefit from a thorough understanding of the operations and their employees before conducting an interview with them. This will enable a more focused examination of what happened.