A hotel incident report could consist of a few sentences. The report identifies the guest, describes a disturbance, names the responding employees and records the date the management was informed.
The report is likely to raise more questions for attorneys than it is able to provide an answer. Who was responsible for supervising the employees? Was surveillance footage preserved? Did the property adhere to its established procedures? Are there any earlier interactions that were not reported?
These questions demonstrate the need to examine ordinary business records prior to testimony of witnesses in litigation involving hospitality.
Start with the documents created in normal operation
Businesses in the hospitality industry maintain records of scheduling, guest service along with security and management. They are not intended for litigation however they may be used to document how the facility operated during an incident.
An expert witness in the field of hospitality may examine staffing schedules, and operating procedures, as along with employee training documents as well as security logs, and recordings from surveillance cameras to determine the roles that are assigned to each individual. For instance the policy could stipulate that the manager should respond if an employee notifies them of a drunk client.
Examining whether or not the manager actually worked, whether or not the report was properly communicated and the responses documented by the available evidence is the objective. Instead of inferring that procedures were followed or ignored The goal is to evaluate how actual operations actually transpired.
Restaurant Records Need Their Own Interpretation
Restaurant investigations present challenges because employees split their attention between food service, beverage preparation, customer requests, and dining-room management. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Take a look at a dining-room situation involving an individual who had ordered drinks at the bar before moving to a table. The bar receipt may document the initial order, while records for dining rooms will reflect the orders that were later placed.
But, these records might not provide proof of the information that the tableserver had about the previous service. Examining all the information together such as servers assigned and transaction times and management notes and employee declarations, can help to clarify the order of events. A distinction needs to be made when it comes to alcohol: the fact that it was sold doesn’t automatically indicate that employees have been able to detect the presence of alcohol.
Casino Investigations can require different forms of documentation
Casinos offer drink packages that differ from the ones offered by eateries. Other sources of information are free drinks cocktails, mobile servers for drinks and gaming-floor supervisors.
An expert witness at a casino can examine the assignments for staffing of beverages as well as surveillance video as well as security reports and employee communication procedures. If beverages are offered as a complimentary service, the receipts from sales traditionally are incomplete.
In those instances, the investigation may depend more heavily upon surveillance, employee observations, service records, and the documenting procedures of the property. The expert must be able recognize any flaws in the evidence, and not just accept an incomplete document.
Save the evidence until it’s no more available
Conserving documents with time-sensitive information is an important concern when it comes to litigation involving hospitality. Recordings from surveillance systems can be stored for a short duration. Different departments or systems could archive employee schedules, internal communications, and incident documents. Attorneys should be able to locate relevant records and take the appropriate steps early.
It’s all about the type of claim. The scope of an investigation will be contingent on the accusations. You can find relevant records through an in-depth review without having to assume that all departments were involved.
Operational Experience Aids in Explaining the Paperwork
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 business he started in 2010. He has provided advice to the resort, restaurant and hotel owners across the United States.
He has been an expert witness in the case of hotels, casinos, resorts and restaurants for the defense and plaintiffs. That operational background is useful in the interpretation of records that seem straightforward to someone who is not familiar with the management of hospitality.
A list of staffing plans will, for instance, identify those given the task of working. Knowing if the assignments offered the proper supervision requires understanding of the property’s service model and operating conditions.
To create a stronger argument, ask better questions
A quick review by an expert will help attorneys to distinguish between documents and unresolved issues. It can help determine which documents are worth seeking or clarifying the terms used for depositions.
There are many instances of an operational flaw or a lack of written policy demonstrates that the proper procedures were observed.
The importance of experts is that they can explain the differences through evidence and accepted industry practices. Attorneys preparing for a lawsuit can benefit from understanding the business and its staff prior to examining them. This will enable a more focused examination of what happened.