The incident report for a hotel may just be a few paragraphs. It is a record of the guest’s name and describes the disturbance that occurred, names the respondent employees and records the date the management was informed.
The investigation could bring up multiple issues for an attorney. Who was accountable for supervising the employees? Was surveillance footage preserved? Did the property follow its rules? Was the property involved in earlier interactions that weren’t included in the report.
These questions illustrate the reason why it’s often necessary to look over business records prior a witness testifies in a lawsuit involving hospitality.
Start with the documents created during normal operations
The records are maintained by hospitality businesses for scheduling guest services, staff training and security, as well as management and more. Even though these documents were not intended to be used in litigation however, they can be useful in establishing how a property was able to perform during an incident.
A hospitality expert witness will scrutinize the scheduling schedules for staff and operating procedures as well as employees’ training records, security logs and surveillance recordings in order to better be aware of the responsibilities given to whom. For instance an established policy could oblige a manager to take action when an employee reports an intoxicated guest.
Investigating whether or if the manager actually worked in the workplace, whether or not the report was distributed and the response confirmed by the evidence is the main objective. Instead of inferring that procedures were not followed or not It is more important to find out what were actually carried out.
There is the need for a different interpretation of the restaurant’s records.
The employees are split among the catering, beverage prep as well as customer service and dining room management. This creates a challenge for restaurant investigations. A restaurant expert witness is able to discuss the effects of these responsibilities on the choices made by employees during service.
Imagine a dining room incident that involved a customer who ordered alcohol at the bar before moving to a table. The bar receipt can be evidence of the first purchase while the dining room transaction records may document subsequent orders.
But, these records might not confirm the knowledge of the tableserver about the previous service. Reviewing all the data like the server’s assignments and times of transactions as well as management notes and employee declarations could help in determining the process. It is important to make a distinction: just because alcohol was purchased doesn’t mean employees noticed that they were drunk.
Casino Investigations may require different forms of documentation
Casino beverage programs are very different from those of a traditional restaurant. Additional sources of information are free drinks cocktails, mobile servers for drinks and gaming floor supervisors.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. The conventional sales receipt may not be accurate when complimentary drinks are involved.
In these circumstances an investigation may rely heavily on the surveillance evidence, observations of employees and service records as well as the documented procedures of the building. The expert should be able to identify any limitations in the evidence, and not just accept an incomplete report.
Preserve the Evidence Before It is lost forever.
Conserving documents with time-sensitive information is a major concern in litigation involving hospitality. Surveillance systems could keep recordings for short periods. Information about employee schedules, internal communications and other information along with incident-related documentation could be stored by various departments or systems. Attorneys should identify potentially relevant records earlier and take appropriate steps to safeguard the records.
The appropriate scope will depend on the facts. The scope of an investigation will be contingent on the accusations. Specific reviews can help determine which records are important without presuming that all departments were involved.
Operations Experience Helps Explain the Paperwork
Preston Rideout, a hospitality professional since 1996, has worked in the management of nightclubs and bartending as well as multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010 he has advised the hotel, restaurant and resort operators throughout the United States and internationally.
He has served as an expert witness in trials involving hotels, casinos, resorts as well as restaurants for the plaintiffs and defense counsel. His operational knowledge is helpful when interpreting records that may appear straightforward to someone unfamiliar with the management of hospitality.
A staffing plan For instance, it identifies who was assigned to work. To determine whether the assignments were appropriate you should know the service model of the facility and its operational conditions.
Clarity in questions is the first step in an argument that is stronger
Early expert reviews help lawyers discern between documented and unresolved problems. It may help identify which documents are worth seeking or clarifying the terminology that is used in depositions.
It is not required to demonstrate that a written policy was adhered to if there are discrepancies.
An expert analysis of hospitality is helpful when it can explain these distinctions based on relevant evidence and well-known practices. When lawyers prepare cases involving hospitality, understanding the business prior to questioning its employees could lead to a clearer, more accurate analysis of what actually transpired.