A hotel incident report might consist of a few sentences. It identifies the guest as the source of the incident, describes the incident and identifies the staff who responded and details the time management was notified.
For an attorney, that report can cause more questions than it answers. Who was in charge of supervising the employees? Was surveillance footage preserved? Did the property adhere to its standard procedures? Did the property have earlier interactions that were not recorded in the report.
This is why it is often necessary to examine business records before witness testimony in a lawsuit regarding hospitality.
Begin by looking over the documents that were created in normal operations
Companies in the hospitality sector keep records of scheduling, 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 establishing how a property did 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. A written policy could require that the manager take action to any employee who has reported an intoxicated customer.
Investigating whether or if the manager actually was working and whether or not the report was properly communicated and what response is evident from the evidence available should be the goal. Instead of assuming that procedures were followed or ignored The goal is to assess how the actual operation were actually carried out.
There is a need for a separate analysis of the restaurant’s registers
Restaurant investigations can be difficult due to the fact that employees have to divide their time between cooking food in the kitchen, serving customers and managing the dining room. A restaurant expert witness is able to explain the impact of these responsibilities on decisions taken by employees in service.
Consider an incident in a dining room, involving a patron who purchased drinks at the bar prior moving to a table. The bar receipt can record the purchase at the beginning, while the records of dining-room transactions show later orders.
But, these records might not confirm the information that the tableserver had about the prior service. Looking over the server assignments, transaction times, management notes, and employee statements together can assist in determining the order. An important distinction remains: the fact that alcohol was bought isn’t necessarily proof that employees were aware of intoxication.
Casino Investigations May require different documents
Casinos offer drink packages that are different than those offered by eateries. Free drinks, mobile cocktail servers, gaming-floor supervisors, as well as extensive security operations are additional sources of data.
A casino expert witness can analyze beverage staffing and security footage and surveillance. They could also examine the procedures for employee communications. The traditional sales receipt may not be correct when complimentary drinks are involved.
In these situations the investigation could be based more on surveillance, employees’ observation or service records as well as documented procedures. The expert must also identify any weaknesses in the evidence, instead of relying on an insufficient document as evidence of an event.
Keep the evidence until it is no longer available
A major concern in hospitality litigation is the protection of time sensitive records. Some surveillance systems will only save records for a specific period of time. The information about employees’ schedules and internal communications as well as incident documentation are stored by different departments or even systems. Attorneys must identify and preserve any relevant records as quickly as they can.
It is contingent on what the claim is. A restaurant complaint may require the bar’s and dining room’s records as well as a resort incident could need documentation for the event, transportation arrangements, and security communications. Specific reviews can help determine what records are essential and not assume that all departments were involved.
The Paperwork is a result of Operating Experience
Preston Rideout is a hospitality veteran with over 20 years of experience. He has held various positions in management, bartending, and beverage operations for multiple companies. Rideout Hospitality Consulting was established in 2010 and has since provided recommendations to restaurants, hotels and resort owners across the United States.
Expert witness testimony for plaintiffs as well as defendants has involved matters that involved resorts, casinos, restaurants, and hotels. It is helpful to have an understanding of hospitality management when interpreting documents that seem simple for those not familiar with the industry.
A staffing schedule, for instance, identifies the employees assigned to work. Knowing if the assignments offered adequate supervision is dependent on knowing the property’s service model and operational conditions.
The ability to clearly state the issue is the initial step to stronger arguments
An early expert review can help attorneys differentiate between unresolved and documented issues. It can help determine which records are worth requesting and clarify the operational terminology used in depositions.
It is not required to demonstrate that a written policy was followed in the event of discrepancies.
It is the significance of an expert’s analysis which demonstrates these distinctions by using recognized best practices in the industry and evidence. Understanding the procedure prior to asking employees to answer questions in a hospitality case can assist attorneys in preparing the case for a more precise and reliable examination.