The hotel incident report may only contain a few sentences. It identifies the guest, describes a disturbance and names the employees who responded and records the date the management was informed.
This report may raise more questions for an attorney than it can solve. Who was responsible for supervising the workers who were involved? Was surveillance footage preserved? The property adhered to its own rules. Are there any previous interactions that were not recorded in the reports?
These questions show why it’s important to look over business records prior to witness testimony in litigation involving hospitality.
Begin with the documents that are created in normal operation
The hospitality industry produces records for scheduling, training and guest service, security, and administration. Even though these documents were not created to be used in court They are helpful for the purpose of determining how a place performed during a specific incident.
An expert witness in Hospitality may examine staffing schedules, operational procedures, training files, security logs, and surveillance recordings to learn the duties assigned to different personnel. For instance, an official policy might stipulate that the manager should react when an employee notifies them of a drunk client.
Examining whether or not the manager actually was working and whether or not the report was distributed and the reaction evident from the evidence available is the objective. The objective is to assess actual actions rather than to assume that written procedures were either observed or not.
There is an need for a distinct interpretation of the restaurant records
The employees are split into the catering, beverage prep as well as dining-room management. This presents a problem for restaurant investigations. A restaurant expert witness is able to explain the impact of these duties on the decisions taken by employees while they serve.
Imagine a scenario where the customer ordered drinks from the bar and then moved to tables. The bar receipt can be proof of the initial order, while the dining room records will document the orders that were later placed.
But, these records may not be able to determine the information that the table server had about the earlier service. Looking at all the data together including server assignments and transaction times together with the management’s notes and employee declarations, can help to clarify the process. A distinction must 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 might require other records
Casino beverage programs can be very different from those of the typical restaurant. Other sources of information are complimentary drinks cocktails, mobile servers for drinks and gaming-floor supervisors.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. Traditional sales receipts might not provide a complete account when drinks are offered for free.
In this case the investigation may rely more on surveillance, employee observation as well as service records and documented procedures. The expert should also be able to identify shortcomings in the evidence instead of taking an insufficient document as evidence of an event.
Save the evidence before it’s no longer available
A major concern in litigation involving hospitality is the preservation of time sensitive documents. Surveillance systems could keep recordings for short periods. Different departments or systems can keep employee schedules, internal communications, and incident documents. Attorneys must identify pertinent documents and take appropriate actions early.
It is contingent on the type of claim. For instance the restaurant might require restaurant and bar records. A resort incident might need documentation of the event, travel arrangements, or security communication. It is possible to identify relevant records through an in-depth review without being able to conclude that all departments were involved.
The process of preparing paperwork is simpler with operational experience
Preston Rideout is a hospitality veteran with more than twenty years of experience. He has held various positions in management, bartending and beverage operations for several businesses. Rideout Hospitality Consulting is a business he started in the year 2010. He has provided advice to restaurants, resorts, and hotel operators throughout the United States.
Expert witness testimony for plaintiffs and defendants has encompassed matters involving casinos, resorts, restaurants, and hotels. The operational background can be useful when interpreting records that may appear straightforward to someone unfamiliar with the management of hospitality.
Staffing schedules, for example determine who was given the task. Being aware of whether the assignments provide appropriate supervision requires knowledge of the structure’s service model as well as operational conditions.
A Stronger Case Begins With Simpler Questions
An early review by an expert can help lawyers distinguish between evidence-based facts and questions that remain unanswered. It can help determine which records merit requesting as well as define the terms that is used in depositions.
Each discrepancy does not indicate an operational error and not every written policy demonstrates that the proper procedures were observed.
The value of expert analysis is to explain these distinctions using relevant evidence and accepted industry practices. Attorneys preparing for a hospitality lawsuit will benefit from knowing the company and its employees before interviewing them. This will permit a more focused review of the events that occurred.