An incident report for the hotel could only be one or two paragraphs. It describes the guest who caused the disturbance that occurred, names the respondent employees, and records the time management was notified.
This report could raise more questions for an attorney than it could be able to. Who was the person in charge of the employees in this case? Was surveillance footage preserved? Did the property follow prescribed procedures? Are there any previous interactions that never appeared in the reports?
These questions illustrate why it is often necessary to study business records before witness testimony in a lawsuit involving hospitality.
Start with the documents created during normal operations
Companies in the hospitality sector keep records of scheduling, guest service as well as security, training and management. Even though the documents were not designed for use in litigation They are helpful for understanding how a business performed during a specific incident.
A Hospitality expert witness can review staffing schedules and operating procedures, employee education files, security logs, and surveillance recordings to understand the roles assigned to various employees. A written policy may require that a manager respond to an employee who reports an intoxicated client.
Investigating whether or not the manager was actually working, whether or not the report was communicated, and the response evident from the evidence available is the objective. Instead of simply assuming that processes were observed or not, the goal is to evaluate how actual operations actually took place.
The interpretation of restaurant records is different
The employees are split between the catering, beverage prep as well as dining-room management. This creates a challenge for investigation of restaurants. A qualified witness in the restaurant industry could help show how decisions made by employees are influenced by their responsibilities.
Take a look at an incident that occurred in the dining room involving someone who bought alcohol at the bar prior moving to a seat. The bar receipt might be proof of the initial purchase, and the transaction records for dining room transactions show later orders.
However, these documents may not be able to prove the information that the tableserver had about the prior service. Looking at all the data together such as the server’s assignments and times of transactions as well as management notes and employee statement will help clarify the order of events. A distinction needs to be made The fact that alcohol was sold does not necessarily indicate that employees were aware of the presence of alcohol.
Casino Investigations may require different records
Casino beverage programs can be quite different from the ones of the typical restaurant. The addition of complimentary drinks, cocktail servers on the gaming floor and security personnel are all sources of additional information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. When beverages are provided as a complimentary service, the traditional receipts for sales can be not complete.
In this case the investigation could be based on surveillance, employee observation as well as service records and documented procedures. Experts must be aware of the limitations of evidence, rather than relying on insufficient data as proof.
You should keep the evidence up to the point that it’s no longer accessible
The preservation of documents that are sensitive is a practical concern for litigation involving hospitality. Records from surveillance systems may be saved for a specific time. Different departments or systems could archive employee calendars, internal communication and incidental records. Attorneys need to identify and archive the records that may be pertinent as soon as they are able.
The nature of the investigation will depend on the nature of the accusations. For example, a restaurant may need documents for the dining room or bar. A resort-related incident could require event documentation as well as travel arrangements, or security communications. A focused review will help identify the relevant records without assuming every department played some part.
The Paperwork is a Result of operational experience
Preston Rideout is a hospitality veteran with more than twenty years of experience. He has held various positions in management, bartending, as well as beverage operations across multiple companies. Rideout Hospitality Consulting is a company he created in the year 2010. He has provided advice to restaurant, resort and hotel operators across the United States.
He has been an expert witness in a variety of cases involving resorts, hotels, casinos as well as restaurants for attorneys representing defense and plaintiffs. The operational background is helpful in understanding records that appear straightforward to someone who is unfamiliar with hospitality management.
Staffing schedules, like to identify who has been given the task. To determine if the assignments were appropriate it is necessary to understand the model of service for the facility as well as its operating conditions.
The ability to clearly state the issue is the initial step to stronger arguments
An early expert review will aid attorneys in distinguishing between documents and unresolved issues. It may help identify which documents are worth seeking or clarifying the terminology that is used in depositions.
Each discrepancy does not indicate an operational issue or a lack of written policy proves that appropriate procedures were observed.
A professional analysis of hospitality is helpful in demonstrating these distinctions based on relevant evidence and practices that are widely accepted by the industry. Attorneys preparing for a hospitality lawsuit will benefit from knowing the operations and their employees prior to examining them. This will enable to conduct a thorough investigation of what happened.