An incident report for the hotel could only be several paragraphs. It is a record of the guest’s name as the source of the incident, describes the incident and names the employees who responded and also records the time management was notified.
This report could raise more questions for an attorney than it is able to provide an answer. Who was the person who was supervising employees involved? Was surveillance footage preserved? Did the property follow its prescribed procedures? Was the property involved in earlier interactions that weren’t recorded in the report.
These questions highlight the need to examine ordinary business records prior to testimony of witnesses in litigation involving hospitality.
Start with the documents created in Normal Operation
Records are maintained by hospitality businesses to plan guest services, training for staff and security, management and many more. Even though the documents were not created to be used in litigation They are helpful for the purpose of determining how a place did during a particular 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 the manager to respond to the employee who complains about an intoxicated customer.
Examining the incident will determine if the manager worked or if the report was sent, and according to the evidence, what the manager’s response was. Instead of simply assuming that processes were not followed or not The goal is to assess how the actual operation actually occurred.
Restaurant Records Must Have Their Own Interpretation
Restaurant investigations can be challenging as employees have to divide their time between the preparation of beverages, food service as well as customer demands and dining-room management. An expert witness for Restaurants will explain how these duties influence the decisions that employees make in service.
Think about an incident in the dining room that involves an individual who had purchased drinks at the bar prior moving to the table. The bar receipt could prove the initial purchase while the dining-room transaction records will show subsequent orders.
However, these documents may not be able to prove the information that the tableserver had about the earlier service. Looking at all the data together such as server assignments and transaction times as well as management notes and employee statements, can help to clarify the sequence. It is important to recognize a distinction: the fact that alcohol was purchased doesn’t mean the staff was intoxicated.
Casino Investigations Can Require Different Records
Casinos offer beverage services that can differ substantially from the standard restaurant service. Other sources of information are complimentary drinks cocktails, mobile servers for drinks and gaming-floor supervisors.
A Casino expert witness may review beverage staffing assignments, security footage, surveillance reports, and procedures governing employee communications. The conventional sales receipt may not be true when complimentary beverages are involved.
In these circumstances, the investigation may depend on surveillance data and employee observation, service records, and procedure for the property’s documentation. The expert must be able recognize any shortcomings in the evidence, and not simply accept a faulty record.
Be sure to save the evidence before it’s no longer available
Documents that have to be saved for time is a crucial consideration when it comes to litigation which involves hospitality. Some surveillance systems will only save the records for a set amount of time. Different departments or systems may archive employee calendars, internal communication as well as incidental documentation. Attorneys must locate and secure the records that may be pertinent as soon as possible.
It’s all about the nature of the claim. The extent of an investigation will depend on the accusations. It is possible to identify relevant documents by performing an investigation that is specific, not needing to presume that every department was involved.
Operational Experience Helps Explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with expertise in bartending, nightclub management, as well as multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has been providing advice to restaurant, hotel and resort operators throughout the United States.
His expert witness work includes matters involving restaurants, hotels resorts, casinos, and restaurants for both defense and plaintiff lawyers. His operational knowledge is helpful when it comes to interpreting data that might seem straightforward to someone who is not familiar with the management of hospitality.
Staffing schedules, like determine who was assigned to work. The service model and the operational requirements of a facility is essential to know if these assignments will provide the appropriate supervision.
Clearness in your questions is the initial step to an argument that is stronger
A quick review by an expert can assist attorneys in separating evidence-based facts from issues that remain unresolved. It could help uncover additional documents worth requesting, clarify the terms used in depositions and determine which employee decisions require closer examination.
The reason for discrepancies is not always because of an operational failure. Not every policy that proves that the correct procedures were followed.
It is the value of an expert’s analysis that demonstrates the distinctions made by utilizing established best practices in the industry and evidence. Attorneys preparing for a hospitality lawsuit will benefit from knowing the company and its employees before interviewing them. This will enable an unbiased investigation of what happened.