A report of an incident at the hotel could only be a few paragraphs long. It is a record of the guest’s name as the source of the incident, describes the incident, names the responding employees and details the time the management was informed.
The investigation could bring up multiple questions to an attorney. Who was responsible for supervising the employees? Was surveillance footage preserved? Was the property in compliance with its policies? Was the property involved in earlier interactions that weren’t recorded in the report.
These questions show the need to study the business records of everyday businesses prior to witness testimony in litigation involving hospitality.
Start with the documents created in Normal Operation
The hospitality industry’s businesses keep records of guest service, scheduling guest service along with security and management. Although these documents weren’t necessarily designed to be used in legal proceedings, they may help establish how a property functioned during a particular incident.
An expert witness in hospitality might review staffing plans and operating procedures, as also employee training records as well as security logs, and surveillance camera recordings to determine the responsibilities that are given to each employee. For instance an example, a policy that is official may state that the manager must respond to an employee who is notified of an intoxicated client.
Investigating the incident should determine whether the manager was involved, if the report was submitted, and, according to the evidence, what the response was. The aim is to determine the actual operation rather than assuming that the procedures written down were implemented or not.
Restaurant Records require their own Interpretation
Restaurant investigations present challenges because employees divide their attention among the preparation of beverages, food service as well as customer demands and managing the dining area. A restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Think about a dining-room incident that involves the customer who purchased alcohol at the bar prior to making the move to a table. The bar receipt might be proof of the initial purchase, while the dining-room transaction records record later purchases.
The information in those records might not be revealing what the server’s information was about the prior service. Reviewing all the data including servers assigned and transaction times and management notes and statements from employees will help clarify the sequence. It is important to recognize an important distinction: the fact that alcohol was purchased does not mean that staff was intoxicated.
Casino Investigations may require different records
Casinos have beverage programs that differ significantly from traditional restaurant services. Free drinks, mobile cocktail servers, gaming floor supervisors and extensive security procedures create additional sources of data.
A casino expert witness can look into beverage staffing, surveillance footage and security reports. They can also look over procedures for employee communication. If drinks are offered as a complimentary service the traditional receipts for sales can be incomplete.
In these circumstances an investigation may be heavily based on the surveillance available, employee observations and service records as well as the procedures that are documented for the building. The expert must be able to spot any shortcomings in the evidence, and not be content with an insufficient record.
Keep the Evidence in place before it becomes unavailable
The preservation of documents that are time sensitive is a significant concern in litigation involving hospitality. Surveillance systems’ records can be saved for a specific duration. Employee schedules, internal communications, and incident documents may be kept in different departments or in different systems. Attorneys need to identify and archive documents that could be relevant as quickly as they are able.
The scope of the investigation varies on the nature of the allegations. For instance, a restaurant may need documents for the dining room or bar. A resort-related incident could require documentation for an event such as travel arrangements or security communications. A focused review will help identify the relevant records without assuming every department played a role.
Operational Experience helps explain the Paperwork
Preston Rideout has worked in hospitality since 1996. He has expertise in bartending, nightclub management, as well as multi-unit drinks operations. Rideout Hospitality Consulting was established in the year 2010 and has offered guidance to hotels, restaurants and resort owners across the United States.
Expert witness testimony on behalf of plaintiffs as well as defendants has involved matters that involved resorts, casinos or restaurants, as well as hotels. This operational background can be helpful in interpreting documents that might seem straightforward to someone who is not familiar with the management of hospitality.
Staffing schedules, like to identify who has been given the task. Knowing if the assignments offered appropriate supervision requires knowledge of the model of service for the property and operating conditions.
The ability to clearly state the issue is the initial step to a stronger argument
Early expert review can help attorneys distinguish documents from unresolved issues. It could help uncover additional documents to request, define operational terminology for depositions, and determine which employee actions need closer scrutiny.
It is not required to show that a written policy was followed in the event of contradictions.
A professional analysis of hospitality is helpful when it can explain the distinctions with relevant evidence and recognized practices. When lawyers prepare a hospitality case, understanding the company prior to questioning its employees could lead to a more precise, reliable review of the actual events.