A report of an incident at hotels could be just one or two paragraphs. The report names the guests, describes what happened, names employees who responded, and also records when management was notified.
This report could raise more questions for an attorney than it could be able to. Who was responsible for supervising the workers that were involved? Was surveillance footage preserved? Did the property follow its policies? Were there earlier interactions that never appeared in the reports?
These questions highlight the need to examine ordinary business records prior to testimony of witnesses in litigation involving hospitality.
Begin by reviewing the documents created during normal operations.
Businesses that operate in the hospitality industry create records for training, scheduling guests service, scheduling, and administration. Although they weren’t designed to be used in litigation, they could help identify how a place operated in the aftermath of 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. A written policy may require managers to address employees who report an intoxicated customer.
The investigation must determine if the manager was actually working, whether the report was communicated, and what response the available evidence documents. Instead of simply assuming that processes were observed or not it is important to find out what actually occurred.
The interpretation of restaurant records may be different
Restaurant investigations are challenging since employees must split their time between food preparation in the kitchen, serving customers and managing the dining room. A qualified witness in the restaurant industry will be able to show how decisions made by employees are influenced by these duties.
Imagine an incident in the dining area that involved a patron who purchased alcohol at the bar prior to taking the table. The bar receipt can be proof of the initial purchase, while the records of dining-room transactions indicate later purchases.
These records might not show what the server knew of the previous service. Combining the server assignment with the transaction times, management notes and employee communications can help clarify the process. It is crucial to note the distinction that just because alcohol was bought does not mean that staff was intoxicated.
Casino Investigations May Require Different Records
Casinos offer drink packages that are different than those offered by eateries. Additional sources of information include free drinks serving mobile cocktails, mobile cocktail servers as well as gaming floor supervisors.
A Casino expert witness can review the beverage staffing arrangements, security footage, surveillance reports and employee communication. If drinks are offered in a free service, the receipts from sales traditionally are not complete.
In those circumstances the investigation could rely on surveillance data or employee reports, service documents, and the documenting procedures of the property. The expert should also be able to identify limitations in the evidence rather than treating an incomplete record as proof of a particular event.
Keep the evidence until it is no longer available
Documents that have to be saved for time is an important concern when it comes to lawsuits that involves hospitality. Certain surveillance systems only preserve recordings for a certain period of time. Employee schedules, internal communications, and incident documents may be kept in different departments or systems. Attorneys must be aware of relevant documents and implement the appropriate steps in the early stages.
It is contingent on the type of claim. For example an establishment may need documents for the dining room or bar. A resort incident might require documentation for an event, travel arrangements, or security communication. You can find relevant records by conducting an examination that is targeted, without needing to presume that every department was involved.
The process of preparing paperwork is simpler when you have operational experience
Preston Rideout is a hospitality veteran with over 20 years of experience. He has held roles in bartending, management and beverage operations for several businesses. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to hotels, restaurants, and resort owners in the United States and internationally.
He has served as an expert witness in trials involving resorts, hotels, casinos as well as restaurants for plaintiffs’ and defense counsel. It’s beneficial to have some experience in hospitality management when interpreting documents that seem straightforward for those not experienced in the field.
Staffing schedules, like determine who was given the task. To determine whether the assignments were appropriate it is necessary to understand what the service model is of the building and its operating conditions.
Clarity in the questions is the first step in a stronger argument
Early expert review helps attorneys differentiate established facts from ambiguous issues. The review can reveal additional records to request, define the terms used in depositions and determine which employee decisions need closer scrutiny.
Some discrepancies are not indicative of a failure in operation. Also, not every policy that proves the correct procedure was adhered to.
The analysis of a professional in the field of hospitality is useful when it clarifies these distinctions using relevant evidence and well-known practices. Understanding the business before questioning employees in a hospitality situation can assist lawyers in preparing a case with a more precise and credible investigation.