A report of an incident at hotels could be just one or two paragraphs. It contains the name of the guest, a description of the issue as well as the names of the people who were involved in the incident.
The report could raise more than one question to an attorney. Who was responsible for supervising the workers in question? Was surveillance footage preserved? Did the facility follow its established guidelines? Are there any interactions that occurred prior to the property that weren’t reported?
These questions illustrate why hospitality litigation often requires an examination of ordinary business records before witness testimony begins.
Start with the documents created in normal operation
The hospitality industry produces records for training, scheduling and guest service, security, and management. Even though the documents were not designed for use in litigation, they are useful for documenting how a facility performed in the event of a specific incident.
A Hospitality expert witness can study staffing plans, operating procedures, employee training files, security logs, and surveillance recordings to learn the duties assigned to different staff members. A written policy might require that the manager take action to an employee who reports an intoxicated customer.
The investigation should determine if the manager was on duty on the report, if it was communicated, and what responses were provided in the evidence. Instead of simply assuming that processes were followed or ignored The goal is to assess how the actual operation actually took place.
Restaurant Records Must Have Their Own Interpretation
The employees are split between the food service, beverage prep as well as customer service and dining room management. This poses a challenge for restaurant investigations. A Restaurant expert witness can provide an explanation of how these responsibilities influence the decisions that employees make in service.
Imagine an incident in the dining room involving an individual who had purchased drinks at the bar prior to settling into a table. The bar receipt can be evidence of the first purchase while the transactions in the dining room could record subsequent purchases.
These records might not show the server’s knowledge of the prior service. Reviewing all the data, such as the server’s assignments and times of transactions, along with management notes and employee statements can help to understand the sequence. It is crucial to note distinctions: just because alcohol was purchased does not mean that the employees noticed that they were drunk.
Casino Investigations might require other records
The beverage offerings at casinos can be quite different from the ones of a traditional restaurant. The additional drinks that are complimentary as well as cocktail servers on the gaming floor, and security personnel are all sources of additional information.
A Casino expert witness can look over beverage staffing assignments security footage, surveillance reports, and procedures governing employee communication. Traditional sales receipts could not provide a complete account when beverages are complimentary.
In those circumstances the investigation could rely more heavily upon surveillance or employee reports, service records, and process of the property’s documents. The expert should also be able to identify any flaws in the evidence and not simply accept a faulty report.
Save the Evidence Prior to It Becomes Unavailable
The preservation of documents that are sensitive is an issue for litigation involving hospitality. Records from surveillance systems may be stored for a short duration. The details about employee schedules and internal communications along with incident-related documentation may be kept by different departments or by different systems. Attorneys need to identify relevant records early and take the necessary steps to safeguard the records.
The nature of the investigation will depend on the nature of the accusations. The scope of the investigation will depend on the accusations. The targeted reviews will help you determine which documents are necessary and not assume that all departments were involved.
The process of preparing paperwork is simpler when you have 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 hotels, restaurants, and resort operators throughout the United States and internationally.
His work as an expert witness includes issues involving hotels, restaurants, resorts, and casinos for defense and plaintiff counsel. That operational background is useful when it comes to interpreting data that might seem simple to someone not familiar with hospitality management.
A staffing schedule, for example identifies those who were given the task of working. To determine if those assignments were appropriate it is necessary to understand what the service model is of the facility as well as its operating conditions.
A more convincing case begins with Simpler Questions
A quick review by an expert can help attorneys distinguish documented facts from unresolved issues. It can help determine which documents are worth seeking or clarifying the terms that is used in depositions.
There are many instances of an operational failure, and not every document proves that the appropriate procedures were followed.
It is the significance of an expert’s analysis which demonstrates these distinctions using accepted business practices and pertinent evidence. Attorneys who are preparing for a hospitality lawsuit can benefit from understanding the company and its employees prior to interviewing them. This will permit a more focused review of the events that occurred.