A hotel incident report might consist of a few sentences. The report lists the guests, describes what happened, names personnel who responded, and records the time management was notified.
As an attorney, that report could cause more questions than it provides answers. Who was the supervisor of the employees involved in this matter? Was surveillance footage preserved? Did the property follow its rules? Are there any earlier interactions that weren’t documented?
These questions show why it is crucial to review business records of every day use prior to witness testimony in hospitality litigation.
Begin by examining the documents made in normal operation
The records are maintained by hospitality businesses for scheduling staff training, guest services and security, management and much more. Even though the documents were not intended to be used in litigation They are helpful for documenting how a facility performed in the event of a specific incident.
A Hospitality expert witness may look over staffing schedules, operational procedures, training files, security logs, and surveillance records to comprehend the responsibilities given to different personnel. For instance the policy could stipulate that the manager should respond if an employee notifies them of a drunk client.
The investigation into whether or not the manager actually was working in the workplace, whether or not the report was distributed and what response is supported by evidence is the objective. It is much more important to look at actual actions as opposed to assuming that written instructions were adhered to or not observed.
There is an need for a distinct interpretation of the restaurant records
The employees are split between the food service, beverage preparation as well as 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 a client ordered alcohol at the bar, and later transferred to the table. The bar receipt could document the initial order, while dining-room records will show the subsequent orders.
The information in those records might not be revealing what the server knew of the previous service. Looking over the server assignments, transaction times notes from management, employee declarations together will help to clarify the process. A distinction must be made The fact that alcohol was sold doesn’t automatically mean that staff members recognized the presence of alcohol.
Casino Investigations might require other records
The beverage offerings at casinos can be distinct from those at the traditional restaurant. Cocktails with complimentary drinks, mobile servers, gaming floor supervisors and extensive security operations create additional sources of information.
A professional witness from a casino may review the assignment of staff to drink as well as surveillance video, security reports and employees’ communication methods. The typical sales receipt might not be true when complimentary drinks are involved.
In these circumstances, an investigation might depend on surveillance available, employee observations and service records, as well as the procedures documented by the facility. Experts must be aware of the limitations of evidence, instead of accepting insufficient records as evidence.
Save the evidence before it’s unavailable
A major concern when it comes to hospitality litigation is the preservation of time-sensitive records. Surveillance systems may retain recordings for short periods. Schedules of employees, internal communications and incident documents may be kept in different systems or departments. Attorneys need to identify relevant documents and take appropriate steps early.
It’s dependent on the nature of the claim. Restaurant claims may need the bar’s and dining room’s records, while a resort incident could require documentation of the event, transportation arrangements, and security communications. A specific audit helps determine the records that are pertinent without having to assume that all departments played a part.
The process of preparing paperwork is simpler when you have experience in the field.
Preston Rideout has worked in hospitality since 1996, with expertise in bartending, nightclub management, as well as multi-unit drinks operations. Through Rideout Hospitality Consulting, established in 2010, he has consulted the hotel, restaurant and resort operators in the United States and internationally.
His expert witness work includes matters involving hotels, restaurants resorts, casinos, and resorts for plaintiff and defense counsel. This operational background can be useful in interpreting records which could seem easy to a person who isn’t familiar with hospitality management.
Staffing schedules, for example you can identify the person who was assigned to work. To determine if those assignments were under adequate supervision is dependent on knowing the structure’s service model as well as operational conditions.
To make a more convincing case and build a stronger case, you must ask better questions.
A quick review by an expert will assist attorneys in separating documented facts and unresolved questions. It may also help identify what documents are worthy of requesting, or clarifying the terms used to describe depositions.
Not every discrepancy demonstrates an operational failure or a lack of written policy shows that proper procedures were observed.
The value of hospitality experts is that they can explain the differences through evidence and industry-wide practices that are well-known. For attorneys preparing a hospitality case, understanding the operations prior to questioning employees can lead to clearer, more accurate investigation of what actually happened.
