The incident report for a hotel may be a short document with only a few words. It will include the name of the guest, a description of the disturbance and the names of the personnel who attended to the incident.
This report may raise more questions for an attorney than it can answer. Who was in charge of supervising the employees? Was surveillance footage preserved? The property had its own procedure. Did previous interactions occur that weren’t recorded in the report?
These questions demonstrate why it is crucial to study the business records of everyday businesses prior to witness testimony in litigation involving hospitality.
Start by reviewing the documents created during normal operation
The hospitality industry produces records to schedule, train and guest service, security, and management. While these records were not created for use in litigation however, they can be useful in establishing how a property did during a particular incident.
An expert witness in the field of hospitality could review the staffing schedules and operating procedures as along with employee training documents, logs of security, and recordings from surveillance cameras to determine the duties that are given to each employee. A written policy might require that the manager take action to any employee who has reported an intoxicated client.
In the course of investigating the incident, it is important to determine whether the manager was working on the incident, if the complaint was sent, and according to the evidence, what the reaction was. The aim is to determine actual operations rather than assume that written guidelines were followed or ignored.
Restaurant Records require their own Interpretation
The employees are split into the catering, beverage prep as well as customer service and dining room management. This presents a problem for investigation of restaurants. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a situation in which the customer ordered drinks from the bar and then moved to tables. The bar receipt may document the first purchase while the table transaction records could document subsequent orders.
However, the records may not establish what the table server was aware of about the earlier service. Combining server assignments and transaction times, as well as management notes and employee statements will help to clarify the order. One important point to remember is: the evidence of alcohol consumption does not necessarily mean that the employee was aware of their intoxication.
Casino Investigations may require different documents
Casino beverage programs can be quite different from the ones of a typical restaurant. Additional sources of information include free drinks cocktails, mobile servers for drinks and gaming floor supervisors.
A Casino expert witness may review beverage staffing assignments, security footage, surveillance reports as well as the rules governing employee communications. If beverages are offered as a complimentary service traditional sales receipts can be incomplete.
In such a case the investigation could depend heavily on surveillance, employee observation and service records, in addition to the procedures that are documented for the premises. The expert also needs to recognize shortcomings in the evidence rather than relying on an uncomplete document as evidence of an event.
Save the evidence until it’s no longer accessible
Documents that have to be saved for time is a major concern when it comes to lawsuits involving hospitality. Some surveillance systems will only save records for a specific period of time. Different departments or systems could keep employee schedules, internal communications, and incident documents. Attorneys must identify any relevant documents early and take the necessary steps to safeguard these records.
The nature of the investigation will depend on the type of accusations. The scope of the investigation will be contingent on the allegations. A focused review will help identify the records that are pertinent without taking for granted that every department played an important part.
The Paperwork is a result of operational experience
Preston Rideout is a hospitality veteran with over twenty years of experience. He has held various positions in management, bartending, as well as beverage operations for several businesses. Rideout Hospitality Consulting was established in the year 2010 and has offered recommendations to restaurants, hotels and resort operators across the United States.
Expert witness testimony in favor of plaintiffs and defendants has encompassed issues related to resorts, casinos and restaurants as well as hotels. It is helpful to have a background in hospitality management to interpret documents that seem simple to those who aren’t familiar with the business.
Staffing schedules, like you can identify the person who was given the task. Understanding the model of service and the operational environment of a building is essential to know if these assignments provide appropriate supervision.
The ability to clearly state the issue is the first step towards a stronger argument
Early review by experts helps attorneys differentiate documents from unresolved issues. It may help identify which documents are worth seeking or defining the terms used for depositions.
Each discrepancy does not indicate an operational failure and not every document proves that the appropriate procedures were observed.
The value of expert analysis is in demonstrating these distinctions using relevant evidence and recognized industry practices. Attorneys preparing for a lawsuit could benefit from understanding the operations and their employees before conducting an interview with them. This will permit to conduct a thorough analysis of what transpired.