The hotel incident report may only contain a few sentences. The report details guests who were involved, outlines the incident, names the staff who responded and records when the management was informed.
For attorneys, this report may bring more questions than it answers. Who was the supervisor of the employees involved in this particular case? Was surveillance footage preserved? The facility was following its own policies. Was the property involved in earlier interactions that weren’t recorded in the report.
These questions demonstrate the need to examine business records before an individual witness is called to testify in a hospitality lawsuit.
Begin with the documents that are created during normal operations
Hotels create documents for training, scheduling guests, guest service, security and management. Although they weren’t created for legal proceedings, they may help identify how a place operated during an incident.
An expert witness in Hospitality may review staffing schedules and operational procedures, training files, security logs, and surveillance recordings to learn the responsibilities given to different employees. A written policy could require that the manager take action to any employee who has reported an intoxicated client.
The investigation must determine if the manager was in fact working with the manager, whether the report was shared, and the responses were provided in the evidence. It is important to evaluate the actual operation instead of assuming that written instructions were adhered to or not followed.
There is a need for a separate analysis of the restaurant’s registers
The employees are split between the food service, beverage preparation as well as customer service and dining room management. This presents a problem for restaurant investigations. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Take a look at an incident that occurred in a dining room, involving the patron who bought drinks at the bar prior moving to a table. The bar receipt could document the initial purchase, whereas the table transaction records could show subsequent orders.
The information in those records might not be revealing what the server’s information was about the previous service. Reexamining the server assignments, transaction times notes of management and employee communications together could aid in understanding the sequence. There is a distinction to be made The fact that alcohol was available for sale doesn’t necessarily suggest that employees are aware of the presence of alcohol.
Casino Investigations May Require Different Records
Casinos offer beverage services that can differ substantially from the standard restaurant service. Additional sources of information are complimentary drinks cocktails, mobile servers for drinks and gaming floor supervisors.
An expert witness from a casino can review beverage staffing, security footage and surveillance. They can also go over procedures for employee communication. Traditional sales receipts might not provide a complete account when beverages are complimentary.
In these situations the investigation may rely more on surveillance, employee observation as well as service records and documented procedures. Experts should be aware of the limitations of evidence, rather than relying on insufficient data as proof.
Keep the evidence until it is no longer available
One practical concern in the hospitality litigation field is the preservation of time sensitive documents. Surveillance systems can keep records for limited periods. Employee schedules, internal communications as well as incident-related documentation could be stored in different departments or systems. Attorneys must locate and secure the records that may be pertinent as soon as they can.
The scope of the investigation varies on the type of accusations. For instance the restaurant might require documents for the dining room or bar. A resort incident may need documentation of the event such as travel arrangements or security messages. A focused review will help identify the records that are pertinent without taking for granted that every department played a function.
The process of preparing paperwork is simpler when you have operational experience
Preston Rideout has worked in hospitality since 1996. He has prior experience in bartending, nightclub management, and multi-unit drinks operations. Rideout Hospitality Consulting is a company that he established in the year 2010. He has advised the resort, restaurant and hotel operators across the United States.
He has been an expert witness in the case of hotels, casinos, resorts as well as restaurants for the plaintiffs and defense counsel. This background in operations can be beneficial when interpreting documents that could seem easy to a person who is not experienced in hospitality management.
A staffing plan is a good example. It lists the people who were assigned to work. Understanding whether those assignments provided adequate supervision is dependent on knowing the structure’s service model as well as operating conditions.
To make a more convincing case, ask better questions
An early expert review can help attorneys distinguish between documented and unresolved issues. The review can reveal additional records worth requesting, clarify the terms used in depositions and determine which employee decisions require closer examination.
It is not required to show that a written policy was followed in the event of divergences.
The importance of expert analysis is to explain the differences through evidence and industry-wide practices that are well-known. Attorneys who are preparing for a hospitality lawsuit can benefit from understanding the company and its employees before conducting an interview with them. This will permit a more focused review of the events that occurred.