A hotel incident report may contain only a few paragraphs. It describes the guest who caused the disturbance that occurred, names the respondent employees and details the time management was notified.
This report may bring up more questions for an attorney than it can answer. Who was in charge of supervising these employees? Was surveillance footage preserved? The facility followed its own procedures. Was the property involved in earlier interactions that weren’t recorded in the report.
These questions highlight why hospitality litigation usually demands an examination of normal business records prior to when witness testimony commences.
Start by looking through the documents that were made in normal business operations.
Records are kept by hospitality companies for scheduling, guest services, training for staff and security, management and more. Although they weren’t designed to be used in litigation, they can help identify how a place operated during an incident.
A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to understand the responsibilities assigned to different personnel. A written policy could require managers to address an employee who reports an intoxicated customer.
Investigating the incident should determine if the manager worked, if the report was sent, and based on the evidence, what was the response. It is important to examine the actual performance of the operation rather instead of assuming that written instructions were adhered to or ignored.
The way to interpret restaurant records is different
Restaurant investigations are challenging because employees divide their attention among the preparation of beverages, food service customers’ requests, the management of dining rooms. An expert witness from a restaurant can explain the impact of these duties on the decisions taken by employees while they serve.
Imagine a scenario in which someone ordered alcohol from the bar and then moved to a table. The bar receipt may document the initial order, while dining-room records will show the more recent orders.
However, these records may not provide proof of the knowledge of the tableserver about the earlier service. By examining all of the data such as the server’s assignments and times of transactions together with the management’s notes and employee statement will help clarify the process. A distinction needs to be made: the fact that alcohol was offered for sale does not indicate that employees have been able to detect intoxication.
Casino Investigations may require different records
Casinos offer beverage services that are different from those offered by restaurants. Other sources of information include free drinks serving mobile cocktails, mobile cocktail servers as well as gaming-floor supervisors.
A Casino expert witness could examine beverage staffing assignments, surveillance footage, security reports and the procedures that govern employee communication. If the beverages are offered as a complimentary service, traditional sales receipts may be not complete.
In such a case the investigation could be based more on surveillance, employees’ observation, service records and documented procedures. The expert must also identify weaknesses in the evidence, rather than treating an incomplete record as proof of an event.
Save the Evidence Prior to It is lost forever.
One of the main concerns in the hospitality litigation field is the protection of time sensitive records. Some surveillance systems only keep recordings for a certain period of time. Schedules of employees, internal communications, and incident documentation may be kept in various systems or departments. Attorneys must identify any relevant records earlier and take the necessary steps to protect them.
The scope of the investigation depends on the type of accusations. For example the restaurant might require bar and dining room records. An incident at a resort could require event documentation such as travel arrangements or security communication. It is possible to identify relevant records by conducting an in-depth review without being able to conclude that every department was 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 positions in bartending, management and beverages operations in a variety of companies. Through Rideout Hospitality Consulting, established in 2010, he has advised hotels, restaurants, and resort operators throughout the United States and internationally.
Expert witness testimony for both plaintiffs and defendants has included matters that involved resorts, casinos and restaurants as well as hotels. It’s useful to have a background in hospitality management to interpret documents that seem straightforward to those who aren’t experienced in the field.
Staffing schedules, like you can identify the person who was given the task. To determine if the assignments were proper it is necessary to understand the model of service for the facility and its operational conditions.
Clarity in the questions is the first step in a more convincing argument
A thorough review of the expert’s work will help attorneys to distinguish between evidence-based facts and questions that remain unanswered. It can help identify other records worth requesting, clarify the terms used in depositions and determine which employee actions require a closer look.
There are many reasons why discrepancies may not be indicative of a failure in operation. Also, not every policy that shows the proper procedures were followed.
An expert analysis of hospitality is useful when it explains these distinctions based on relevant evidence and recognized practices. Understanding the business before interviewing employees in a case can assist attorneys in preparing an argument that is more focused and credible examination.