The hotel incident reports may comprise only a few sentences. It is a record of the guest’s name as the source of the incident, describes the incident, names the responding employees and records the date management was notified.
The report is likely to raise more questions for an attorney than it could solve. Who was in charge of supervising the employees who were involved? Was surveillance footage preserved? The facility adhered to its own rules. There were earlier interactions that were not recorded in the report?
These questions show why it is crucial to examine ordinary business records prior to witness testimony in hospitality litigation.
Start with the documents created during normal operations
The hospitality industry’s businesses keep records of scheduling, guest service, training, security and management. These documents were not necessarily intended for litigation however they can be used to prove the operation of the establishment during an incident.
An expert witness in hospitality may review staffing schedules and operating procedures, as in addition to employee training files, logs of security, and footage from surveillance cameras to determine the duties that are assigned to each employee. A written policy may require the manager to respond to the employee who complains about an intoxicated customer.
The investigation will determine whether the manager was in fact working, whether the report was distributed, and what response the evidence reveals. Instead of assuming that procedures were not followed or not The goal is to evaluate how actual operations actually transpired.
Restaurant Records Must Have Their Own Interpretation
The employees are split among the food service, beverage preparation, customer requests and dining-room management. This is a major challenge for restaurant investigations. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a scenario in which the customer ordered drinks from the bar and then moved to an area at a table. The bar receipt can be evidence of the first purchase while the transactions in the dining room could reveal subsequent purchases.
However, those records might not provide a clear picture of the information that the table server had about the earlier service. Combining server assignments the time of transactions, managerial notes and employee communications could help in determining the sequence. It is crucial to note distinctions: just because alcohol was purchased does not mean that staff noticed intoxication.
Casino Investigations may require different records
Casino beverage programs can be distinct from those at a typical restaurant. Additional sources of information are complimentary drinks as well as mobile cocktail servers, and gaming-floor supervisors.
A certified witness at a casino can examine the assignments for staffing of beverages and surveillance footage and security reports as well as employee communications procedures. If the beverages are offered as a complimentary service, the receipts from sales traditionally are incomplete.
In these situations an investigation may be heavily based on the surveillance evidence, observations of employees and service records as well as the procedures that are documented for the premises. The expert should be able to spot any shortcomings in the evidence, and not just accept an incomplete document.
Keep the evidence in place until it’s unavailable
One of the main concerns in the hospitality litigation field is the preservation of time-sensitive records. Recordings from surveillance systems can be stored for a short time. Employee schedules, internal communications and incident documentation may be kept in various departments or in different systems. Attorneys need to identify relevant documents and implement the appropriate steps early.
The scope of the investigation varies on the nature of the allegations. Restaurant claims may need documentation for dining and bar areas and a resort-related incident may require event documentation as well as transportation arrangements and security communications. Targeted reviews help identify which records are important without presuming that all departments are involved.
The Paperwork is a result of the Operational Experience
Preston Rideout has worked in hospitality since 1996. He has prior experience in bartending, nightclub management, as well as multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010, he has advised the hotel, restaurant and resort owners in the United States and internationally.
Expert witness work for him includes matters involving restaurants, hotels resorts, casinos, and restaurants for both defense and plaintiff lawyers. It’s beneficial to have some experience in hospitality management to interpret documents that seem straightforward for those not familiar with the industry.
Staffing schedules, such as to identify who has been assigned to work. Being aware of whether the assignments provide adequate supervision is dependent on knowing the service model of the facility and its operational conditions.
To build a stronger case to build a stronger case, ask more questions
Early expert review helps attorneys identify unresolved and documented issues. It could help identify which documents merit requesting or defining the terms that is used in depositions.
It is not necessary to prove that a written policy was followed in the event of divergences.
The value of hospitality expert analysis is to explain those distinctions through relevant evidence and industry-wide practices that are well-known. If lawyers are preparing cases involving hospitality, understanding the operations prior to questioning employees could lead to a more focused, credible investigation of what actually happened.