A report of an incident at the hotel could only be one or two paragraphs. It contains the name of the guest, a description of the disturbance and the names of the people who were involved in the incident.
For an attorney, that report can be more complicated than it addresses. Who was the person in charge of the employees in this case? Was surveillance footage preserved? Did the facility follow its established guidelines? Was the property involved in earlier interactions that weren’t included in the report.
These questions demonstrate the reason why it’s often necessary to examine business records before witness testimony in a case involving hospitality.
Begin with the documents that were created in normal operation
Hotels create documents for training, scheduling and guest service, security, and administration. Although these documents weren’t necessarily intended for litigation, they could help determine how a facility performed 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. As an example, an official policy might state that the manager must respond to an employee who reports an intoxicated client.
In the course of investigating the incident, it is important to determine whether the manager was working, if the report was made, and in light of the evidence, what the response was. It is far more crucial to evaluate the actual operation than to assume that written instructions were followed or not respected.
Restaurant Records require their own Interpretation
Restaurant investigations are challenging because employees are split between the preparation of beverages, food service as well as customer demands and the management of the dining room. An expert witness from the restaurant will explain how these duties impact the choices that employees make during service.
Consider a dining-room incident involving the customer who purchased alcohol at the bar prior to moving to a table. The bar receipt may be proof of the initial order, while dining-room records will show the orders that were later placed.
However, these records may not prove the information that the tableserver had about the earlier service. Combining server assignments, transaction time, management notes and employee communications will help to clarify the order. There is a distinction to be made when it comes to alcohol: the fact that it was offered for sale does not mean that staff members recognized intoxication.
Casino Investigations can require different forms of documentation
Casino beverage plans can be quite different from the ones of a traditional restaurant. The addition of complimentary drinks cocktails, servers serving drinks at the casino floor, and security personnel are all sources of additional information.
A casino expert witness may review beverage staffing, surveillance footage and security reports. They can also look over processes for employee communication. Traditional sales receipts could give an inaccurate account if beverages are free.
In these situations the investigation could be based more on surveillance, employees’ observation or service records as well as documented procedures. Experts should be aware of the limitations of evidence, rather than relying on insufficient data as evidence.
Keep the evidence in place until it is no longer available
Preserving time-sensitive documents is a major concern in the context of litigation that involves hospitality. Recordings from surveillance systems can be retained for a brief duration. Schedules of employees, internal communications and incident documents may be kept in various departments or in different systems. Attorneys should be able to locate relevant documents and take appropriate measures early.
It is contingent on what the claim is. For example an establishment may need restaurant and bar records. A resort incident may require documentation for an event and travel arrangements or security messages. A specific audit helps determine the records that are pertinent without presuming that every department had any part.
It is easier to understand the paperwork when you have experience in the field.
Preston Rideout is a hospitality veteran with more than twenty years of experience. He has held positions in management, bartending, and beverage operations across multiple companies. Rideout Hospitality Consulting is a company that he established in the year the year 2010. He has advised on resort, restaurant and hotel operators across the United States.
Expert witness testimony on behalf of plaintiffs as well as defendants has involved issues related to resorts, casinos and restaurants as well as hotels. It’s helpful to have some experience in hospitality management in order to understand documents that appear simple to those who aren’t familiar with the business.
A staffing schedule includes, for instance, the employees who were designated to work. Being aware of whether the assignments provide appropriate supervision requires knowledge of the structure’s service model as well as operating conditions.
To build a stronger case and build a stronger case, you must ask better questions.
A quick review by an expert will assist attorneys in separating documents and unresolved issues. It may also help identify what documents are worth seeking or clarifying the language used for depositions.
Some discrepancies are not indicative of a malfunction. There isn’t a single policy that proves that the correct procedure was adhered to.
The importance of expert analysis is to explain the differences through evidence and recognized industry practices. When lawyers prepare an investigation into hospitality, knowing the business prior to questioning its employees can lead to a more precise, reliable examination of what actually occurred.