An incident report for hotels could be just a few paragraphs long. The report details the guests, explains the incident, names the staff who responded and records when the management was informed.
An attorney’s report might bring more questions than it answers. Who was the person in charge of the employees in this matter? Was surveillance footage preserved? Did the property follow the rules? Are there any previous interactions that never appeared in the report?
These questions illustrate why hospitality litigation often demands an examination of normal documents of business before witness testimony commences.
Begin with the documents that were created in normal operation
Businesses in the hospitality industry keep records of guest service, scheduling guest service as well as security, training and management. Although they weren’t designed to be used in litigation, they could help determine how a facility performed during an incident.
An expert witness in hospitality might review staffing plans and operating procedures, as also employee training records, logs of security, and recordings from surveillance cameras to determine what responsibilities are given to each employee. For instance an example, a policy that is official may state that the manager must react when an employee notifies them of a drunk client.
Examining the incident will determine if the manager worked and if a report was made, and according to the evidence, what the manager’s response was. Instead of inferring that procedures were adhered to or not The goal is to assess how the actual operation actually took place.
Restaurant records require their own Interpretation
Restaurant investigations can be difficult since employees must split their time between cooking food in the kitchen, serving customers and overseeing the dining room. A restaurant expert witness is able to describe the effect of these responsibilities on decisions taken by employees in service.
Consider an incident in the dining room that involves someone who bought drinks at the bar prior to settling into an area to sit. The bar receipt can be evidence of the purchase made at the bar, while table transaction records could record subsequent purchases.
The records could not provide the server’s knowledge of the prior service. Looking over server assignments, transaction times notes from management, employee communications together could help to clarify the process. An important distinction remains: evidence that alcohol was purchased isn’t necessarily proof that the employee was aware of their intoxication.
Casino Investigations may require different forms of documentation
Casinos have beverage programs which differ from conventional restaurant service. The addition of complimentary drinks and cocktail servers at the casino floor and security personnel can provide additional information.
A casino expert witness can analyze beverage staffing and surveillance footage and security reports. They can also look over processes for employee communication. The traditional sales receipt may not be accurate when complimentary drinks are involved.
In these situations the investigation may rely more on surveillance, employee observation service records, and other documented procedures. Experts must be aware of the weaknesses of evidence rather than accepting incomplete records as evidence.
Keep the Evidence in place before it Does Not Remain Available
Documents that have to be saved for time is a significant concern when it comes to litigation which involves hospitality. Some surveillance systems only keep records for a specific period of time. Different systems or departments may keep employee schedules, internal communications and incidental records. Attorneys should identify potentially relevant records earlier and take the necessary steps to safeguard the records.
It depends on what the claim is. Restaurant claims may need documents for the dining room and bar as well as a resort incident could require documentation of the event, transportation arrangements, and security communications. It is possible to find relevant documents by performing a targeted review, without being able to conclude that every department was involved.
The Paperwork is a Result of operational experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a company he founded in the year 2010. He has provided advice to on resort, restaurant and hotel operators across the United States.
Expert witness work for him includes matters involving restaurants, hotels resorts, casinos and hotels for defense and plaintiff attorneys. This knowledge of operations is beneficial when interpreting documents that appear straightforward to someone who isn’t familiar with hospitality management.
Staffing plans, for instance, identify who has been assigned to work. To determine if those assignments were appropriate it is necessary to understand what the service model is of the building and its operating conditions.
A more convincing case begins with Clearer Questions
An early expert review can help attorneys distinguish between documented and unresolved issues. It may also help identify what documents are worth seeking or defining the terms used to describe depositions.
There are many reasons why discrepancies may not be indicative of a failure in operation. Also, not every policy that proves that the correct procedures were adhered to.
The value of expert analysis lies in explaining these distinctions using relevant evidence and accepted industry practices. Understanding the procedure prior to questioning employees in a hospitality matter can help lawyers prepare a case with a more precise and credible investigation.