A report of an incident at the hotel could only be several paragraphs. It contains the name of the guest, a description of the incident as well as the names of the personnel who attended to the incident.
The report may raise multiple questions to an attorney. Who was the supervisor of the employees who were involved in this matter? Was surveillance footage preserved? The property had its own procedure. Was the property involved in earlier interactions that weren’t included in the report.
These questions illustrate why it is crucial to study the business records of everyday businesses prior to witness testimony in hospitality litigation.
Begin with the Documents that were created During Normal Operations
The hospitality industry’s businesses keep records of scheduling, guest service as well as security, training and management. While these records weren’t created for litigation, they could help determine the way a property operated in the event of a specific incident.
An expert witness in hospitality will scrutinize the scheduling schedules for staff as well operating procedures, the employee’s training records, security logs and monitoring recordings to understand what responsibilities are given to whom. For example the written policy may call for a supervisor to act when an employee has a complaint about an intoxicated guest.
The investigation must determine if the manager was in fact working on the report, if it was communicated, and what response the available evidence documents. Instead of inferring that procedures were followed or ignored It is more important to evaluate how actual operations actually occurred.
Restaurant records require their own Interpretation
Restaurant investigations can be difficult since employees must split their time between cooking food serving customers, as well as managing the dining area. A restaurant expert witness can describe the effect of these responsibilities on decisions taken by employees in service.
Think about an incident in a dining room, involving someone who bought alcohol at the bar prior to taking the table. The bar receipt may be proof of the initial order, while records for dining rooms will reflect the orders that were later placed.
However, those records might not establish what the server at the table knew about the prior service. Combining server assignments with the transaction times, management notes, and employee records could help in determining the sequence. One important point to remember is: evidence that alcohol was purchased does not mean that the employee was aware of their intoxication.
Casino Investigations may require different forms of documentation
Casinos have beverage programs that differ from those provided by restaurants. Additional sources of information are free 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 procedures governing employee communication. The typical sales receipt might not be valid when complimentary drinks are involved.
In those instances the investigation might rely more heavily on surveillance records employees’ observations, employee records, and procedure for the property’s documentation. Experts must identify the limitations of evidence, instead of accepting insufficient records as evidence.
Keep the Evidence in place before it is lost forever.
Documents that have to be saved for time is a significant concern in the context of litigation related to hospitality. Recordings from surveillance systems can be retained for a brief period of time. Different systems or departments may store employee calendars, internal communication as well as incidental documentation. Attorneys need to identify relevant documents and implement the appropriate steps early.
The extent of the investigation is contingent on the nature of the allegations. For example restaurants may require the records of its dining room and bar. An incident at a resort could require documentation for an event, travel arrangements, or security messages. Targeted reviews help identify which records are important and not assume that every department was involved.
Operations Experience Helps Explain the Paperwork
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held positions in management, bartending, as well as beverage operations for several companies. Rideout Hospitality Consulting was established in 2010 and has provided assistance to hotel, restaurant and resort operators throughout the United States.
His expert witness work includes matters that involve hotels, restaurants resorts, casinos, and resorts for both defense and plaintiff lawyers. It’s beneficial to have some experience in hospitality management for interpreting documents that look simple to those who aren’t familiar with the industry.
A staffing plan includes, for instance, the employees who were assigned to work. To determine if the assignments were appropriate you should know the structure of the facility and its operational conditions.
A more convincing case begins with Clearer Questions
An early expert review can help attorneys discern between documented and unresolved problems. The review can reveal additional records to request, define operational terminology for depositions, and establish which employee decisions require closer examination.
The reason for discrepancies is not always because of a failure in operation. There isn’t a single policy that shows the proper procedure was observed.
Expert analysis in hospitality is valuable when it clarifies these distinctions using relevant evidence and industry-recognized practices. If lawyers are preparing a hospitality case, understanding the company prior to questioning its employees could lead to a more focused, credible review of the actual events.
