An incident report for the hotel could only be short, perhaps a couple of paragraphs. The report names the guests, describes the disturbance, names the employees who responded, and also records when management was notified.
An attorney’s report could bring more questions than it addresses. Who was the manager of the employees that were implicated in this particular case? Was surveillance footage preserved? The property had its own procedure. Were there earlier interactions which were not reflected in the reports?
These questions highlight why hospitality litigation usually necessitates an examination of standard documents of business before witness testimony commences.
Start with the documents created During Normal Operations
Businesses in the hospitality industry keep track of schedules, guest service along with security and management. Even though these documents weren’t created for lawsuits, they can be used to identify how a place operated in the aftermath of an incident.
An expert witness in hospitality will examine the staffing schedules along with operating procedures, employee training records Security logs, security records and surveillance recordings in order to better know what duties are attributable to different employees. For example an established policy could oblige a manager to take action when an employee reports an intoxicated guest.
The investigation should establish whether the manager was actually working on the report, if it was communicated, and what responses were provided in the evidence. Instead of simply assuming that processes were observed or not it is important to determine what actual actions actually took place.
Restaurant records require their own Interpretation
Restaurant investigations present challenges because employees divide their attention among food service, beverage preparation customers’ requests, the management of the dining room. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine that the customer ordered drinks at the bar before being moved to a table. The bar receipt might be proof of the initial purchase, and the transaction records for dining room transactions indicate later purchases.
However, these records might not be able to determine what the table server knew about the earlier service. Looking over the server assignments, transaction times as well as management notes and employee declarations together will help clarify the sequence. A distinction needs to be made: the fact that alcohol was offered for sale does not indicate that employees were aware of the presence of alcohol.
Casino Investigations Can Require Different Records
Casinos operate beverage programs which differ from conventional restaurant service. Other sources of information are complimentary drinks, mobile cocktail servers and gaming-floor supervisors.
A casino expert witness could examine beverage staffing, security reports and surveillance footage. They can also go over procedures for employee communication. If the beverages are offered as a complimentary service, the receipts from sales traditionally are inadequate.
In those circumstances the investigation could rely more heavily upon surveillance and employee observation, service documentation, and even the documenting procedures of the property. The expert needs to also recognize limitations in the evidence rather than relying on an uncomplete record as proof of an incident.
You should keep the evidence up to the point that it’s no longer accessible
One practical concern when it comes to hospitality litigation is the protection of time sensitive records. Some surveillance systems will only save records for a specific period of time. Different systems or departments may store employee schedules, internal communications and incidental records. Attorneys must locate and secure any relevant records as quickly as they can.
The required scope is determined by the nature of the claims. The scope of an investigation will be contingent on the accusations. A targeted review can identify what records are essential without assuming that all departments were involved.
The Paperwork is a result of Operational Experience
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held positions in management, bartending and beverage operations across multiple companies. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to restaurant, hotel, and resort owners in the United States and internationally.
His expert witness work involves matters that involve hotels, restaurants resorts, casinos, and resorts for defense and plaintiff counsel. This background in operations can be beneficial when interpreting documents that appear straightforward to someone who is not experienced in hospitality management.
Staffing schedules, for example, identify who has been given the task. To determine if those assignments were under adequate supervision is dependent on knowing the model of service for the property and operational conditions.
Clarity in questions is the first step in a more convincing argument
An early expert review will help attorneys to distinguish between evidence-based facts and questions that remain unanswered. It helps identify documents that are worth requesting and define the terms employed in depositions.
It is not required to demonstrate that a written policy was adhered to if there are discrepancies.
It is the importance of an expert’s analysis that demonstrates these distinctions by using recognized business practices and pertinent evidence. Understanding the procedure prior to interviewing employees in a situation can assist lawyers in preparing cases that have a more focused and credible examination.