An incident report for the hotel could only be one or two paragraphs. It describes the guest, describes a disturbance and names the employees who responded and also records the time the management was informed.
This report may bring up more questions for attorneys than it will be able to be able to. Who was in charge of supervising the employees that were involved? Was surveillance footage preserved? Did the property follow its established procedures? Did the property have earlier interactions that weren’t included in the report.
These questions illustrate why it is crucial to study the business records of everyday businesses prior to testimony of witnesses in hospitality litigation.
Begin With the Documents Produced during normal operations
The hospitality industry’s businesses keep records of guest service, scheduling guest service as well as security, training and management. These records weren’t necessarily designed for litigation, but they can be used to establish the operation of the establishment during an incident.
An expert witness in Hospitality may look over staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to understand the roles assigned to various employees. A written policy may require the manager to respond to employees who report an intoxicated customer.
The investigation should establish whether the manager was working on the report, if it was shared, and the responses were provided in the evidence. Instead of concluding that the procedures were adhered to or not It is more important to assess how the actual operation were actually carried out.
There is a need for an independent analysis of the restaurant’s registers
The employees are split into the catering, beverage prep customer demands and dining-room management. This presents a problem for investigation of restaurants. A Restaurant expert witness will explain how these duties influence the choices employees make in service.
Imagine a situation in which someone ordered alcohol from the bar and was transferred to the table. The bar receipt can confirm the initial order while the dining room records will document the more recent orders.
The records could not provide what the server knew of the previous service. Reexamining the server assignments, transaction times notes from management, employee communications together could assist in determining the order. A distinction must be made The fact that alcohol was sold doesn’t automatically suggest that employees are aware of the presence of alcohol.
Casino Investigations may require different forms of documentation
Casinos offer beverage services which differ from standard restaurant service. The addition of complimentary drinks as well as cocktail servers on the gaming floor, and security personnel are all sources of additional information.
A casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. Traditional sales receipts may give an inaccurate account if beverages are complimentary.
In this case the investigation could be based more on surveillance, employee observation service records, and other documented procedures. The expert should also be able recognize any shortcomings in the evidence and not be content with an insufficient record.
Keep the Evidence in place before it Does Not Remain Available
The preservation of records that are time sensitive is an issue for hospitality litigation. Records from surveillance systems may be stored for a short duration. Schedules of employees, internal communications and incident documentation may be archivalized in different departments or systems. Attorneys should identify potentially relevant records early and take the appropriate steps in order to protect the records.
It is contingent on what the claim is. For example the restaurant might require bar and dining room records. A resort incident may need documentation of the event, travel arrangements, or security messages. You can find relevant records by conducting an examination that is targeted, without being required to assume that every department was involved.
The Paperwork is a result of Operational Experience
Preston Rideout, a hospitality professional since 1996, has experience in managing nightclubs and bartending and multi-unit beverage operations. Rideout Hospitality Consulting is a company he founded in the year 2010. He has advised restaurants, resorts and hotel owners across the United States.
He has served as an expert witness in the case of hotels, casinos, resorts and restaurants for attorneys representing defense and plaintiffs. This operational background can be helpful when it comes to interpreting data that might appear simple to someone unfamiliar with the management of hospitality.
A staffing schedule, for instance, identifies the employees assigned to work. Being aware of whether the assignments provide the proper supervision requires understanding of the structure’s service model as well as operating conditions.
Clearness in your questions is the first step to an argument that is stronger
An early review by an expert can help lawyers distinguish between documents and unresolved issues. The review can reveal additional records worth requesting, help clarify the terms used in depositions and determine which employee actions require closer examination.
It is not necessary to show that a written policy was followed if there are divergences.
The value of hospitality expert analysis is to explain these distinctions using relevant evidence and established industry practices. When lawyers prepare the case for a hospitality client, understanding the company prior to questioning its employees could lead to a clearer, more accurate review of the actual events.