A report of an incident at the hotel could only be a few paragraphs long. The report will contain the name of the guest, the description of the disturbance as well as the names of the responding staff.
The report may raise more than one question for an attorney. Who was the supervisor of the employees who were involved in this incident? Was surveillance footage preserved? The property had its own procedure. Did the property have previous interactions that were not recorded in the report.
These questions illustrate the need to review business records of every day use prior to witness testimony in litigation involving hospitality.
Begin with the Documents that were created in Normal Operation
The records are maintained by hospitality firms to record scheduling, staff training, guest services and security management and more. Even though the documents weren’t created to be used in court however, they can be useful in understanding how a business performed in the event of a specific incident.
A Hospitality expert witness could review staffing schedules and operational procedures, education files, security logs, and surveillance recordings to learn the roles assigned to various personnel. A written policy could require that the manager take action to the employee who complains about an intoxicated customer.
The investigation should establish whether the manager was on duty on the report, if it was distributed, and what response the available evidence documents. The goal is to analyze the actual activities rather than inferring that written procedures were either followed or ignored.
There is a need for an independent understanding of the restaurant’s record.
The employees are split among the food service, beverage prep as well as dining-room management. This creates a challenge for investigation into restaurant operations. A restaurant expert witness can discuss the effects of these duties on the decisions taken by employees in service.
Imagine a scenario in which someone ordered alcohol at the bar before being moved to tables. The bar receipt can record the order at first, while dining-room records will show the more recent orders.
Those records may not reveal what the server knew of the prior service. Looking at all the data together including server assignments and transaction times, along with management notes and statements from employees can help to understand the order of events. There is a distinction to be made: the fact that alcohol was available for sale doesn’t necessarily suggest that employees are aware of the presence of alcohol.
Casino Investigations may require different records
Casinos have drink programs that are different than those offered by restaurants. Cocktails with complimentary drinks, mobile servers, gaming floor supervisors as well as extensive security operations are further sources of information.
A casino expert witness may review beverage staffing, security reports and surveillance footage. They may also review protocols for employee communication. If the beverages are offered in a free service, the traditional receipts for sales can be not complete.
In these circumstances the investigation could rely more heavily on surveillance records, employee observations, service records, and the procedure for the property’s documentation. The expert must also identify weaknesses in the evidence, rather than treating an incomplete document as evidence of a particular event.
Conserve the Evidence before It becomes unavailable
A major concern in litigation involving hospitality is the preservation of time-sensitive documents. Records from surveillance systems may be stored for a short duration. Different departments or systems may archive employee schedules, internal communication as well as incidental documentation. Attorneys must identify and preserve potentially relevant records as soon as possible.
It’s all about the nature of the claim. A restaurant case may require bar and dining-room records as well as a resort incident could need documentation for the event along with transportation arrangements, and security communications. The targeted reviews will help you determine which records are important without assuming that all departments were involved.
The process of preparing paperwork is simpler with experience from the operational side.
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a company that he established in the year 2010. He has advised restaurants, resorts, and hotel operators throughout the United States.
Expert witness testimony on behalf of plaintiffs and defendants has encompassed matters involving casinos, resorts or restaurants, as well as hotels. The operational background can be useful in interpreting documents that might appear straightforward to someone unfamiliar with hospitality management.
A staffing schedule, for instance, identifies the employees assigned to work. Understanding the model of service and operational conditions of a property is vital to determine if these assignments provide appropriate supervision.
A more convincing case begins with Clarer Questions
An early review by an expert can help lawyers distinguish between documents and unresolved issues. It may identify additional records worth requesting, clarify operational terminology for depositions, and establish which employee decisions require a closer look.
Each discrepancy does not indicate an operational flaw and not every written policy shows that proper procedures were adhered to.
A professional analysis of hospitality is valuable when it explains the differences using evidence and well-known practices. Attorneys who are preparing for a hospitality lawsuit can benefit from a thorough understanding of the company and its employees before conducting an interview with them. This will permit an in-depth investigation of what happened.