The hotel incident report may just be a few paragraphs. It includes the name of the guest, a description of the issue as well as the names of the staff members who responded.
The report could raise multiple issues for an attorney. Who was the supervisor of the employees who were involved in this particular case? Was surveillance footage preserved? The facility was following its own policies. Did the property have earlier interactions that weren’t included in the report.
These questions show why it is important to study the business records of everyday businesses prior to testimony of witnesses in litigation involving hospitality.
Begin by looking over the documents that were created in normal operations
Hotels create documents to schedule, train, guest service, security and administration. These records weren’t necessarily intended for litigation however they may be used to determine how the property operated 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. Written policies may demand that the manager take action to the employee who complains about an intoxicated client.
Investigating whether or not the manager actually was working in the workplace, whether or not the report was distributed and the responses confirmed by the evidence is the objective. The aim is to determine the actual operation rather than assuming that the procedures written down were adhered to or not followed.
There is a need for an independent interpretation of the restaurant’s records.
Restaurant investigations pose challenges since employees divide their attention among the preparation of beverages, food service customers’ requests, dining-room management. A restaurant expert witness can describe the effect of these responsibilities on decisions made by employees during service.
Think about a dining-room incident that involves the customer who purchased alcohol at the bar prior to taking a seat at a table. The bar receipt may prove the initial purchase and the transaction records for dining room transactions show later orders.
However, these documents may not prove the knowledge of the tableserver about the prior service. Looking over the server’s assignments, transactions times, management notes, and employee declarations together will help to clarify the process. There is a distinction to be made when it comes to alcohol: the fact that it was sold doesn’t automatically mean that staff members recognized intoxication.
Casino Investigations Might require a different set of records
Casino beverage programs are significantly different from those offered by a traditional restaurant. The inclusion of complimentary drinks, cocktail servers on the gaming floor and security personnel are all sources of additional information.
A casino expert witness could look into beverage staffing, security footage and surveillance. They can also look over protocols for employee communication. If drinks are offered in a free service, the traditional receipts for sales can be not complete.
In these situations an investigation may be heavily based on the surveillance, employee observation and service records, in addition to the procedures that are documented for the building. Experts must recognize the limitations of evidence, rather than accepting incomplete records as evidence.
Make sure you keep the evidence until it’s no more available
Documents that have to be saved for time is a crucial consideration in the context of litigation related to hospitality. Some surveillance systems only keep recordings for a specified period of time. The information about employee schedules and internal communication as well as incident documentation can be stored by different departments or by different systems. Attorneys should be able to locate relevant records and take the necessary actions early.
The required scope is determined by the facts. A restaurant complaint may require documentation for dining and bar areas for instance, while a resort event could require documentation of the event along with transportation arrangements, and security communications. It is possible to find relevant records by conducting an in-depth review without having to assume that all departments were involved.
The Paperwork is a Result of operational experience
Preston Rideout, a hospitality professional since 1996, has extensive experience in the management of nightclubs and bartending as well as multi-unit beverage operations. Rideout Hospitality Consulting is a company he founded in 2010. He has provided advice to on resort, restaurant, and hotel operators throughout the United States.
He has served as an expert witness in the case of hotels, casinos, resorts and restaurants, for both the plaintiffs and defense counsel. It’s beneficial to have an understanding of hospitality management in order to understand documents that appear simple to those who are not familiar with the business.
Staffing plans, for instance determine who was assigned to work. To determine if these assignments were appropriate it is necessary to understand what the service model is of the property and its operating conditions.
The ability to clearly state the issue is the initial step to a stronger argument
An early review by an expert can help lawyers distinguish between the facts that are documented and those that remain unanswered. It will help identify documents that merit requesting as well as define the operational terms employed in depositions.
Each discrepancy does not indicate an operational issue however, not every written policy shows that proper procedures were observed.
Expert analysis in hospitality is helpful when it clarifies the differences using evidence and recognized practices. Attorneys preparing for a hospitality lawsuit can benefit from understanding the operations and their employees before conducting an interview with them. This will enable an unbiased analysis of what transpired.