The incident report for a hotel may only contain a few sentences. It contains the name of the guest, a description of the incident as well as the names of the staff members who responded.
The report could raise multiple questions for an attorney. Who was the manager of the employees that were implicated in this matter? Was surveillance footage preserved? Did the property adhere to its established procedures? Did you have any previous interactions which were not reported?
These questions illustrate why hospitality litigation often calls for an examination of regular business records before testimony of witnesses begins.
Start with the documents created in Normal Operation
Businesses in the hospitality industry maintain records of scheduling, guest service, training, security and management. These records weren’t necessarily intended for litigation however they may be used to prove the operation of the establishment during an incident.
An expert witness in Hospitality may study staffing plans, operational procedures, training files, security logs, and surveillance recordings to learn the roles assigned to various employees. For example A written policy could call for a supervisor to act to an employee’s report of an drunken guest.
Investigating whether or not the manager actually worked and whether or not the report was communicated, and the response evident from the evidence available is the objective. The goal is to analyze the actual operation rather than assuming that the written procedure was followed or ignored.
There is an need for a distinct understanding of the restaurant’s record.
Restaurant investigations present challenges because employees split their attention between food service, beverage preparation as well as customer demands and the management of dining rooms. A restaurant expert witness can discuss how these responsibilities influence the choices employees take during service.
Imagine a scenario where the customer ordered drinks from the bar and then transferred to the table. The bar receipt could record the order at first, while the dining room records will document the more recent orders.
But, these records might not prove what the tableserver knew about the earlier service. Looking at all the data together like server assignments and transaction times and management notes and employee statements can help to understand the sequence. A distinction needs to be made The fact that alcohol was available for sale doesn’t necessarily indicate that employees were aware of the presence of alcohol.
Casino Investigations might require other records
Casinos offer beverage services that are different than those offered by eateries. Complimentary drinks, mobile cocktail servers, gaming floor supervisors and extensive security operations provide other sources of information.
A casino expert witness could look into beverage staffing, security footage and surveillance. They could also examine the procedures for employee communications. Traditional sales receipts can not provide a complete account when beverages are complimentary.
In those circumstances the investigation might rely more heavily on surveillance records or employee reports, service documentation, and even the procedure for the property’s documentation. Experts must be aware of the weaknesses of evidence instead of relying on incomplete records as proof.
Keep the evidence until it’s no longer accessible
Documents that have to be saved for time is a significant concern when it comes to lawsuits related to hospitality. The records from surveillance systems could be kept for a limited time. Schedules of employees, internal communications as well as incident-related documentation could be archivalized in different departments or systems. Attorneys need to identify relevant records and take the appropriate steps early.
The necessary scope depends on the allegations. The scope of the investigation will depend on the accusations. A targeted review helps establish the records that are pertinent without having to assume that all departments played some part.
The paperwork is the result of the Operational Experience
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, he has advised the hotel, restaurant and resort owners in the United States and internationally.
He has been an expert witness in trials involving hotels, casinos, resorts and restaurants, for both plaintiffs’ and defense counsel. It’s helpful to have a background in hospitality management to interpret documents that appear simple to those who aren’t familiar with the business.
A schedule of staffing is a good example. It lists those who were designated to work. Knowing the service model and the operational requirements of a facility is necessary to determine whether these assignments will provide the appropriate supervision.
Clarity in the questions is the first step towards stronger arguments
An early expert review can help attorneys distinguish evidence-based facts from issues that remain unresolved. It will help identify documents that are worthy of requesting and help clarify the terminology employed in depositions.
It is not required to prove that a written policy was followed in the event of differences.
Expert analysis in hospitality is helpful when it clarifies these distinctions based on relevant evidence and practices that are widely accepted by the industry. Attorneys preparing for a lawsuit will benefit from knowing the operations and their employees prior to examining them. This will enable to conduct a thorough review of the events that occurred.