A report of an incident at a hotel might only be short, perhaps a couple of paragraphs. The report will contain the name of the guest, a description of the incident, and the names of the responding staff.
This report could raise more questions for attorneys than it could be able to. Who was the manager of the employees that were implicated in this case? Was surveillance footage preserved? Did the property follow its prescribed procedures? Do you know of any prior interactions which were not disclosed?
These issues illustrate why hospitality litigation usually calls for an examination of regular business records prior to when witness testimony begins.
Begin by looking over the documents that were made in normal operations
Businesses that operate in the hospitality industry create records to schedule, train guests service, scheduling, and administration. Even though the documents were not created to be used in litigation however, they can be useful in understanding how a business was able to perform during an incident.
A Hospitality expert witness could look over staffing schedules, operating procedures, employee training files, security logs, and surveillance records to comprehend the roles assigned to various staff members. Written policies may demand managers to address employees who report an intoxicated customer.
The investigation into whether or not the manager actually was working and whether or not the report had been communicated and the response documented by the available evidence is the objective. Instead of simply assuming that processes were not followed or not it is important to evaluate how actual operations actually transpired.
Restaurant records require their own Interpretation
The investigation process in restaurants is difficult due to the fact that employees have to divide their time between cooking food and serving customers as well as managing the dining room. A qualified witness in the restaurant industry can help clarify how the decisions of employees are affected by these responsibilities.
Imagine a situation in which the client purchased alcohol from the bar and was moved to a table. The bar receipt may be proof of the initial purchase, and the transaction records for dining room transactions will show subsequent orders.
However, the records may not be able to determine what the table server knew about the earlier service. Looking over server assignments, transaction times as well as management notes and employee records together can help clarify the sequence. It is essential to keep the distinction that simply because alcohol was consumed does not mean that employees were intoxicated.
Casino Investigations can require different forms of documentation
Casinos offer drink packages which are distinct from the ones provided by restaurants. The addition of complimentary drinks as well as cocktail servers at the casino floor, and security personnel can provide additional information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. The standard sales receipt may not be valid when complimentary beverages are involved.
In these situations, an investigation might be heavily based on the surveillance records, employee observations and service records, in addition to the procedures that are documented for the premises. The expert should be able to identify any weaknesses in the evidence and not accept a partial report.
Be sure to save the evidence before it becomes unavailable
Documents that have to be saved for time is a crucial consideration in the context of litigation related to hospitality. Some surveillance systems only keep recordings for a specified period of time. Employee schedules, internal communications and incident documentation may be stored in different departments or in different systems. Attorneys should identify and save the records that may be pertinent as soon as is possible.
The necessary scope depends on the allegations. The scope of the investigation will depend on the accusations. A targeted review helps establish the relevant records without presuming that every department had some role.
The Paperwork is a result of Operating Experience
Preston Rideout, a hospitality professional since 1996, has experience in managing nightclubs and bartending as well as multi-unit drinks operations. Through Rideout Hospitality Consulting, established in 2010, he has consulted hotel, restaurant, and resort owners in the United States and internationally.
Expert witness testimony on behalf of plaintiffs as well as defendants has involved issues related to resorts, casinos, restaurants, and hotels. It’s helpful to have a background in hospitality management to interpret documents that look simple to those who are not familiar with the business.
A staffing plan, for instance, identifies the individuals who were given the task. Being aware of whether the assignments provide adequate supervision is dependent on knowing the property’s service model and operational conditions.
To create a stronger argument, ask better questions
A quick review by an expert can assist attorneys in separating documents from unresolved issues. It can identify records that should be requested and also clarify the operational terminology that is used in depositions.
Every discrepancy is not an operational failure however, not every written policy demonstrates that the proper procedures were observed.
The importance of expert analysis lies in explaining the differences through evidence and established industry practices. Attorneys who are preparing for a hospitality lawsuit will benefit from knowing the business and its staff before conducting an interview with them. This will enable an in-depth examination of what happened.