The hotel incident report may be a short document with only a few words. It contains the name of the guest, a description of the issue and the names of the responding staff.
For an attorney, that report might be more complicated than it can answer. Who was the supervisor of the employees involved in this matter? Was surveillance footage preserved? Was the property following its procedures? Did the property experience any prior interactions that were not recorded in the report.
These are the reasons the reason why hospitality litigation typically requires an examination of ordinary documents of business before witness testimony commences.
Begin with the Documents that were created During Normal Operations
The records are maintained by hospitality businesses to plan, guest services, training for staff, security, management, and more. Although these records were not created for use in litigation but they can be helpful in documenting how a facility performed in the event of a specific incident.
A hospitality expert witness will review the schedules of staffing and operating procedures as well as the employee’s training records Security logs, security records and surveillance recordings to be aware of the responsibilities given to whom. For instance an established policy could call for a supervisor to act to an employee’s report of an intoxicated guest.
Investigating the incident should determine whether the manager was in charge and if a report was issued, and based on the evidence, what the manager’s response was. Instead of simply assuming that processes were not followed 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 divided between the food service, beverage preparation, customer requests and dining-room management. This is a major challenge for restaurant investigations. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a situation in which the client purchased alcohol at the bar, and later moved to an area at a table. The bar receipt may be proof of the initial order, while dining-room records will show the later orders.
However, the records may not provide a clear picture of the information that the table server had about the previous service. Reexamining the server’s assignments, transactions times as well as management notes and employee statements together can assist in determining the order. A distinction must be made that the fact that alcohol was offered for sale does not indicate that employees were aware of the presence of alcohol.
Casino Investigations might require other records
Casinos run beverage programs that can differ substantially from traditional restaurant services. The additional drinks that are complimentary as well as cocktail servers on the gaming floor and security personnel can provide additional information.
A casino expert witness may analyze beverage staffing and security footage and surveillance. They may also review processes for employee communication. When beverages are provided in a free service, the traditional receipts for sales can be incomplete.
In these circumstances, the investigation could rely more heavily on surveillance, employee observation service records, and other documented procedures. The expert also needs to recognize shortcomings in the evidence instead of relying on an insufficient document as evidence of a specific event.
Keep the evidence in place until it’s no longer available
The preservation of documents that are time sensitive is a major concern in litigation involving hospitality. Surveillance systems can keep records for only a short time. Different departments or systems could keep employee schedules, internal communication, and incident documents. Attorneys should identify potentially relevant records early and take the necessary steps to preserve the records.
The necessary scope depends on the nature of the claims. A restaurant claim may require bar and dining-room records and a resort-related incident may require event documentation along with transportation arrangements, and security communications. Specific reviews can help determine which documents are necessary without making assumptions that all departments were involved.
Operations Experience Helps Explain the Paperwork
Preston Rideout is a hospitality veteran with more than twenty years of experience. He has held positions in management, bartending, and beverage operations for several units. Rideout Hospitality Consulting is a business he started in the year 2010. He has advised on resort, restaurant and hotel operators across the United States.
His work as an expert witness includes issues involving hotels, restaurants resorts, casinos, and resorts for defense and plaintiff attorneys. This operational background can be beneficial when interpreting documents that might seem simple to someone who isn’t familiar with hospitality management.
A staffing plan includes, for instance, those who were assigned to work. Knowing if the assignments offered sufficient supervision requires an understanding of the structure’s service model as well as operating conditions.
A stronger case starts with Clearer Questions
Early expert review helps attorneys differentiate documents from unresolved issues. It helps identify documents that are worthy of requesting and help define the terms used in depositions.
The reason for discrepancies is not always because of a failure in operation. Neither is every policy that proves that the correct procedures were followed.
The analysis of a professional in the field of hospitality is valuable when it clarifies these distinctions using relevant evidence and practices that are widely accepted by the industry. Understanding the operation prior to questioning employees in a hospitality matter can help lawyers prepare an argument that is more precise and reliable examination.