An incident report for the hotel could only be several paragraphs. The report names the guests, explains the incident, names the personnel who responded, and records when management was notified.
This report could raise more questions for an attorney than it could be able to. Who was responsible for supervising the workers in question? Was surveillance footage preserved? Did the facility follow its prescribed procedures? Were there earlier interactions which were not reflected in the reports?
These questions demonstrate the need to examine business records before witness testimony in a lawsuit regarding hospitality.
Start by looking through the documents created during normal operations.
Businesses that operate in the hospitality industry create records for training, scheduling guests, guest service, security, and management. Even though these documents weren’t made to aid in litigation, they could help identify how a place operated in the event of a specific incident.
A hospitality expert witness will scrutinize the scheduling schedules for staff and operating procedures as well as documents for employee training as well as security logs and surveillance recordings to understand what responsibilities are given to whom. A written policy may require that the manager take action to employees who report an intoxicated customer.
Investigating whether or not the manager was actually working, whether or not the report was communicated, and the responses confirmed by the evidence should be the primary objective. It is important to evaluate the actual operation than to presume that written instructions were adhered to or not observed.
There is a need for a separate interpretation of the restaurant’s records.
Restaurant investigations are challenging because restaurant employees are required to split their time between food preparation serving customers, as well as managing the dining space. An expert witness from a restaurant can explain the impact of these responsibilities on decisions made by employees during service.
Imagine a scenario in which the customer ordered drinks from the bar and then transferred to tables. The bar receipt can be evidence of the initial purchase, whereas the table transaction records could record subsequent purchases.
However, these documents may not provide proof of the knowledge of the tableserver about the earlier service. Looking at all the data together, such as server assignments and transaction times together with the management’s notes and employee statements will help clarify the sequence. A key distinction is that evidence that alcohol was purchased does not mean that staff recognized intoxication.
Casino Investigations may require different records
Casinos operate beverage programs that differ significantly from the standard restaurant service. Free drinks, mobile cocktail servers, gaming floor supervisors and extensive security procedures create additional sources of information.
A certified witness from a casino may review the beverage staffing assignments along with surveillance footage and security reports as well as employees’ communication methods. The typical sales receipt might not be true when complimentary beverages are being served.
In such a case the investigation will rely more heavily upon surveillance and employee observation, service records, and the process of the property’s documents. Experts must be aware of the weaknesses of evidence rather than relying on insufficient data as evidence.
Save the Evidence Prior to It becomes unavailable
The preservation of documents that are time sensitive is a major concern when it comes to litigation related to hospitality. Surveillance systems’ records can be retained for a brief period of time. The details about employee schedules and internal communication as well as incident documentation may be kept by different departments or by different systems. Attorneys must identify pertinent records and take the necessary steps early.
It’s dependent on the type of claim. For example, a restaurant may need documents for the dining room or bar. A resort incident may need documentation of the event, travel arrangements, or security communications. A specific audit helps determine the relevant records without taking for granted that every department played any function.
It is easier to understand the paperwork when you have experience in the field.
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has been providing guidance to hotels, restaurants and resort operators across the United States.
Expert witness testimony in favor of plaintiffs and defendants has covered matters involving casinos, resorts or restaurants, as well as hotels. It’s useful to have a background in hospitality management to interpret documents that appear simple to those who are not experienced in the field.
A staffing plan is one example. It identifies the employees assigned to work. To determine if the assignments were appropriate it is necessary to understand what the service model is of the facility and its operational conditions.
A stronger case starts with More lucid questions
Early expert review helps attorneys differentiate evidence-based facts from issues that remain unresolved. It can help determine which records merit requesting as well as define the operational terms that is used in depositions.
It is not required to prove that a policy written was followed in the event of discrepancies.
It is the importance of an expert’s assessment that shows these distinctions using established industry practices and relevant evidence. Understanding the procedure prior to interviewing employees in a situation can assist lawyers in preparing an argument that is more focused and credible examination.