A hotel incident report might be a couple of paragraphs. The report lists guests, details the incident, identifies the employees who responded, and also records when the management was informed.
An attorney’s report could be more complicated than it can answer. Who was the supervisor of the employees who were involved in this matter? Was surveillance footage preserved? The facility was following its own policies. Did the property have previous interactions that weren’t included in the report.
These questions illustrate why hospitality litigation often necessitates an examination of standard documents of business before witness testimony begins.
Begin by looking over the documents that were produced in normal business operations.
Businesses in the hospitality industry maintain records of scheduling, guest service, training, security and management. They are not designed for litigation, but they could be used to determine how the property operated during an incident.
A witness from the hospitality industry will examine the staffing schedules as well as operating procedures, employee training records Security logs, security records and surveillance recordings in order to better know what duties are delegated to what employees. For example A written policy could call for a supervisor to act to an employee’s report of an intoxicated guest.
The investigation must determine if the manager was on duty on the report, if it was distributed, and what response was provided by the evidence. The objective is to assess the actual activities rather than inferring that the written procedure was implemented or not.
The interpretation of restaurant records can be different
The employees are split between the food service, beverage preparation as well as dining-room management. This poses a challenge for investigation into restaurant operations. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Consider an incident in a dining room, involving someone who bought drinks at the bar prior to taking a table. The bar receipt could record the purchase at the beginning, while the dining-room transaction records record later purchases.
The information in those records might not be revealing the server’s knowledge of the prior service. Combining server assignments, transaction time, management notes, and employee records could help in determining the sequence. A key distinction is that evidence that alcohol was purchased does not mean that the staff member was intoxicated.
Casino Investigations might require other records
Casinos operate beverage programs which differ from standard restaurant service. The addition of complimentary drinks, cocktail servers on the gaming floor and security personnel can provide additional information.
An expert witness from a casino could examine the assignments for staffing of beverages and surveillance footage, security reports and employee communication procedures. Traditional sales receipts may be insufficient when beverages are free.
In such a case the investigation could depend on surveillance records, employee observations and service records as well as the procedures documented by the premises. The expert must be able recognize any limitations in the evidence and not be content with an insufficient document.
Preserve the Evidence Before It Does Not Remain Available
One practical concern when it comes to hospitality litigation is the protection of time sensitive documents. Surveillance systems may retain recordings for short periods. Different departments or systems can archive employee schedules, internal communications and incidental documents. Attorneys need to identify relevant documents early and take the appropriate steps in order to safeguard these records.
It’s all about the type of claim. The scope of the investigation will depend on the accusations. You can locate relevant records by conducting a targeted review, without being required to assume that every department was involved.
It is easier to understand the paperwork with operational experience
Preston Rideout is a hospitality veteran with over twenty years of experience. He has held positions in management, bartending, and beverage operations for several units. Through Rideout Hospitality Consulting, established in 2010 he has advised hotels, restaurants, and resort operators in the United States and internationally.
He has been an expert witness in the case of hotels, casinos, resorts and restaurants for both plaintiffs’ and defense counsel. It’s beneficial to have an understanding of hospitality management when interpreting documents that seem simple to those who aren’t experienced in the field.
A staffing plan will, for instance, identify those given the task of working. To determine whether the assignments were appropriate you must know the structure of the property and its operating conditions.
To help build a stronger case to build a stronger case, ask more questions
An early expert review will help attorneys to distinguish between documented facts and unresolved questions. It will help identify documents that merit requesting as well as define the terms that is used in depositions.
It is not required to prove that a policy written was followed if there are differences.
The analysis of a professional in the field of hospitality is useful when it explains the differences using evidence and practices that are widely accepted by the industry. Knowing the process prior to asking employees to answer questions in a hospitality situation can assist lawyers in preparing cases that have a an unbiased and trustworthy examination.