An incident report for a hotel may comprise only a few paragraphs. It includes the name of the guest, the description of the issue and the names of the staff members who responded.
An attorney’s report may be more complicated than it can answer. Who was the supervisor of the employees who were involved in this case? Was surveillance footage preserved? Did the facility follow its rules? Did the property have previous interactions not included in the report.
These questions highlight the need to study the business records of everyday businesses prior to witness testimony in hospitality litigation.
Begin by reviewing the documents that were made during normal operation
Businesses in the hospitality industry keep track of schedules, guest service, training, security and management. Even though these documents were not intended to be used in litigation They are helpful for establishing how a property did during a particular incident.
A Hospitality expert witness could look over staffing schedules, operational procedures, training files, security logs, and recordings of surveillance to determine the responsibilities assigned to different staff members. For example, a written policy might require a manager to respond to an employee’s report of an drunken guest.
The investigation should establish whether the manager was in charge and if a report was issued, and in light of the evidence, what the manager’s response was. It is important to examine the actual performance of the operation rather instead of assuming that written instructions were adhered to or ignored.
Restaurant Records Need Their Own Interpretation
Investigations in restaurants are difficult since employees must split their time between food preparation in the kitchen, serving customers and managing the dining room. A professional witness in the restaurant industry can help clarify how the decisions of employees are influenced by these duties.
Consider a dining-room incident involving an individual who had ordered drinks at the bar, before taking a seat at a table. The bar receipt may document the initial purchase, while the dining-room transaction records will show subsequent orders.
However, these records may not prove what the tableserver knew about the prior service. Combining the server assignments and transaction times, as well as management notes and employee communications can clarify the sequence. It is important to make distinctions: simply because alcohol was consumed does not mean that the employees were intoxicated.
Casino Investigations might require other records
Casinos offer beverage services that are different from those offered by eateries. Cocktails with complimentary drinks, mobile servers, gaming-floor supervisors, and extensive security operations provide additional sources of data.
A Casino expert witness could review beverage staffing assignments, security footage, surveillance reports and the procedures that govern employee communication. Traditional sales receipts might give an inaccurate account if drinks are provided for free.
In such a case, an investigation might depend heavily on surveillance evidence, observations of employees and service records, in addition to the documented procedures of the building. The expert should be able identify any shortcomings in the evidence and not accept a partial record.
Keep the evidence in place until it is no longer available
Conserving documents with time-sensitive information is a crucial consideration when it comes to litigation involving hospitality. Some surveillance systems only keep records for a specific period of time. Employee schedules, internal communications as well as incident-related documentation could be stored in different systems or departments. Attorneys must be aware of relevant records and take the necessary actions early.
The required scope is determined by the facts. For instance restaurants may require documents for the dining room or bar. A resort incident might need documentation of the event such as travel arrangements or security communications. It is possible to identify relevant records through an examination that is targeted, without being able to conclude that every department was involved.
Operational Experience Helps Explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to the hotel, restaurant and resort operators in the United States and internationally.
Expert witness testimony for plaintiffs and defendants has covered issues related to resorts, casinos restaurant, hotels, and casinos. This operational background can be helpful in understanding records that could seem easy to a person who is unfamiliar with hospitality management.
A staffing plan is a good example. It lists the people who were given the task of working. Understanding whether those assignments provided sufficient supervision requires an understanding of the service model of the facility and its operational conditions.
A more convincing case begins with Simpler Questions
Early expert review can help attorneys distinguish established facts from ambiguous issues. It could help uncover additional documents worth requesting, clarify how depositions are conducted, and determine which employee actions need closer scrutiny.
It is not required to show that a written policy was followed in the event of divergences.
Expert analysis in hospitality is beneficial when it can explain these distinctions using relevant evidence and recognized practices. If lawyers are preparing an investigation into hospitality, knowing the operations prior to questioning employees could lead to a more specific, convincing investigation of what actually happened.
