The hotel incident report may comprise only a few sentences. It is a record of the guest’s name, describes a disturbance and names the employees who responded and details the time management was notified.
An attorney’s report may be more complicated than it answers. Who was the supervisor of the employees who were involved in this particular case? Was surveillance footage preserved? Was the property following the rules? Were there earlier interactions that never appeared in the report?
These questions demonstrate the reasons why it is sometimes necessary to examine business records before a witness testifies in a lawsuit regarding hospitality.
Start by looking through the documents that were produced in normal operations
Records are kept by hospitality companies for scheduling, guest services, training of staff, security, management, and much more. Although they weren’t designed to be used in litigation, they can help identify how a place operated in the event of a specific incident.
A witness from the hospitality industry will look at the staffing schedules and operating procedures as well as employees’ training records, security logs and monitoring recordings in order to better be aware of the responsibilities assigned to which personnel. As an example an example, a policy that is official may specify that the supervisor must react when an employee informs them of an intoxicated client.
Examining whether or not the manager actually was working and whether or not the report was properly communicated and the response confirmed by the evidence should be the goal. The goal is to evaluate actual actions rather than to assume that written procedures were either implemented or not.
The interpretation of restaurant records can be different
Restaurant investigations present challenges because employees split their attention between the preparation of beverages, food service as well as customer demands and managing the dining area. An expert witness from the restaurant can provide an explanation of how these responsibilities influence the choices employees make during service.
Take a look at a dining-room situation involving the customer who purchased alcohol at the bar, before making the move to a table. The bar receipt will record the order at first, while the dining room records will document the later orders.
However, those records might not be able to determine what the table server was aware of about the earlier service. Combining server assignments with the transaction times, management notes and employee statements could help in determining the sequence. It is important to recognize distinctions: the fact that alcohol was purchased does not mean that staff noticed intoxication.
Casino Investigations May require different documents
The beverage offerings at casinos can be very different from those of a traditional restaurant. Additional sources of information include complimentary drinks serving mobile cocktails, mobile cocktail servers as well as gaming floor supervisors.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports and the procedures that govern employee communications. When beverages are provided as a complimentary service, the receipts from sales traditionally are insufficient.
In those circumstances the investigation could rely more heavily upon surveillance employees’ observations, employee documentation, and even the documenting procedures of the property. The expert must be able identify any shortcomings in the evidence, and not just accept an incomplete record.
Conserve the Evidence before It Becomes Unavailable
One practical concern in the hospitality litigation field is the protection of time sensitive documents. Certain surveillance systems can only store recordings for a certain period of time. Employee schedules, internal communications, as well as incident-related documentation could be stored in different departments or in different systems. Attorneys must identify any relevant records in the early stages and take the necessary steps to preserve them.
The extent of the investigation is contingent on the nature of the allegations. For instance restaurants may require restaurant and bar records. An incident at a resort could require documentation for an event and travel arrangements or security communications. Specific reviews can help determine the records that are crucial without assuming that every department is involved.
Operations Experience Helps Explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a business he started in the year 2010. He has provided advice to on resort, restaurant and hotel owners across the United States.
Expert witness testimony in favor of plaintiffs and defendants has encompassed matters that involved resorts, casinos and restaurants as well as hotels. The operational background is helpful in understanding records that could seem easy to a person who isn’t familiar with hospitality management.
Staffing plans, for instance you can identify the person who was assigned to work. To determine if those assignments were under adequate supervision is dependent on knowing the service model of the facility and its operational conditions.
To build a stronger case, ask better questions
Early expert reviews help lawyers discern between documented and unresolved issues. It helps identify documents that are worth requesting and clarify the terminology that is used in depositions.
It is not required to prove that a written policy was followed if there are discrepancies.
The importance of expert analysis is in demonstrating the differences through evidence and industry-wide practices that are well-known. Attorneys preparing for a lawsuit can benefit from a thorough understanding of the operation and its employees before interviewing them. This allows for an unbiased examination of what happened.
