A report of an incident at the hotel could only be several paragraphs. It is a record of the guest’s name who caused the disturbance that occurred, names the respondent employees and also records the time management was notified.
This report could raise more questions for attorneys than it could answer. Who was responsible for supervising the workers who were involved? Was surveillance footage preserved? Was the property following its policies? Did you have any previous interactions that were not documented?
These questions illustrate why litigation involving hospitality often calls for an examination of regular documents of business before witness testimony commences.
Start with the documents created During Normal Operations
Records are kept by hospitality businesses for scheduling, guest services, training for staff and security management and more. Even though the documents were not designed to be used in litigation They are helpful for establishing how a property was able to perform during an incident.
A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to understand the responsibilities assigned to different personnel. A written policy may require that the manager take action to the employee who complains about an intoxicated client.
The investigation will determine whether the manager was on duty and if the report was communicated, and what response the evidence reveals. It is more important to examine the actual performance of the operation rather than to presume that written instructions were followed or not observed.
There is the need for a different interpretation of the restaurant’s records.
Investigations in restaurants are difficult since employees must split their time between food preparation and serving customers as well as managing the dining area. A restaurant expert witness can clarify the impact of these responsibilities on the choices taken by employees while they serve.
Take a look at an incident that occurred in the dining area that involved an individual who had purchased alcohol at the bar prior to moving to a table. The bar receipt may record the purchase at the beginning, while the records of dining-room transactions indicate later purchases.
The records could not provide what the server knew of the prior service. Combining server assignments, transaction time, management notes and employee communications could help in determining the sequence. One important point to remember is: evidence that alcohol was purchased isn’t necessarily proof that employees were aware of intoxication.
Casino Investigations Might require a different set of records
Casino beverage programs can be very different from those of the typical restaurant. Additional sources of information include complimentary drinks serving mobile cocktails, mobile cocktail servers as well as gaming floor supervisors.
A professional witness from a casino can look over the staffing assignments for beverages along with surveillance footage and security reports as well as employee communications procedures. Traditional sales receipts could not provide a complete account when drinks are provided for free.
In those instances the investigation could rely more heavily on available surveillance, employee observations, service records, and property’s documented procedures. The expert should be able to identify any limitations in the evidence, and not accept a partial record.
Keep the Evidence in place before it Does Not Remain Available
The preservation of documents that are time sensitive is a significant concern when it comes to lawsuits involving hospitality. Some surveillance systems only keep recordings for a specified period of time. Schedules of employees, internal communications and incident documentation may be kept in different departments or systems. Attorneys should identify potentially relevant records earlier and take appropriate steps to safeguard the records.
It’s dependent on what the claim is. The scope of an investigation will be contingent on the accusations. A specific audit helps determine which records are relevant without presuming that every department had a role.
The Paperwork is a Product of Operational Experience
Preston Rideout has worked in hospitality since 1996. He has prior experience in bartending, nightclub management, as well as multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has provided assistance to hotel, restaurant and resort operators across the United States.
He has been an expert witness in trials involving resorts, hotels, casinos and restaurants for attorneys representing defense and plaintiffs. It’s beneficial to have some experience in hospitality management to interpret documents that appear simple to those who are not experienced in the field.
Staffing plans, for instance you can identify the person who was given the task. The service model and the operational environment of a building is essential to know if the assignments are supervised in a proper manner.
The ability to clearly state the issue is the initial step to a more convincing argument
Early expert review assists attorneys discern between documented and unresolved issues. It helps identify documents that should be requested and also clarify the terminology employed in depositions.
It is not required to demonstrate that a written policy was followed in the event of differences.
It is the value of an expert’s report that illustrates these distinctions using accepted practice in the field and supporting evidence. Knowing the process prior to interviewing employees in a matter can help lawyers prepare cases that have a more precise and credible investigation.