A hotel incident report might consist of a few sentences. The report details the guests, explains the incident, names the people who responded, and also records when the management was informed.
The report could raise more than one question for an attorney. Who was in charge of supervising the employees? Was surveillance footage preserved? Did the property follow its established procedures? Do you know of any prior interactions which were not disclosed?
These questions illustrate why hospitality litigation often calls for an examination of regular documents of business before witness testimony commences.
Begin with the Documents that were created during normal operations
Documents are kept by hospitality firms to record scheduling staff training, guest services and security, management and many more. Although these documents weren’t necessarily made to aid in lawsuits, they can be used to establish how a property functioned during a particular incident.
An expert witness in the field of hospitality may review staffing schedules and operating procedures as also employee training records as well as security logs, and footage from surveillance cameras to determine the roles that are assigned to each person. For instance an example, a policy that is official may stipulate that the manager should respond if an employee informs them of an intoxicated client.
The investigation should establish whether the manager was on duty on the report, if it was communicated, and what response the evidence reveals. Instead of concluding that the procedures were adhered to or not It is more important to determine what actual actions were actually carried out.
There is the need for a different understanding of the restaurant’s record.
The employees are divided between the food service, beverage preparation, customer requests and dining-room management. This presents a problem for investigation into restaurant operations. A restaurant expert witness can discuss how these responsibilities influence the choices employees make during service.
Imagine that the client purchased alcohol from the bar and was moved to an area at a table. The bar receipt could prove the initial purchase while the dining-room transaction records record later purchases.
However, these records might not provide a clear picture of what the server at the table knew about the earlier service. Looking over the server assignments, transaction times, management notes, and employee statements together can help clarify the sequence. It is important to recognize distinctions: the fact that alcohol was purchased doesn’t mean the employees were intoxicated.
Casino Investigations might require other records
Casinos offer beverage services that differ from the ones offered by restaurants. The availability of complimentary drinks, cocktail servers on the gaming floor and security personnel are all sources of additional information.
A casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. The standard sales receipt may not be true when complimentary drinks are involved.
In this case an investigation can rely more on surveillance, employees’ observation or service records as well as documented procedures. The expert should also be able identify any limitations in the evidence and not simply accept a faulty record.
Keep the Evidence in place before it Becomes Unavailable
The preservation of documents that are sensitive is a significant issue for litigation involving hospitality. The records from surveillance systems could be retained for a brief duration. Information about employee schedules, internal communications and other information along with incident-related documentation can be stored by different departments or systems. Attorneys need to identify relevant records in the early stages and take the necessary steps to safeguard these records.
It’s dependent on the type of claim. For instance an establishment may need bar and dining room records. A resort incident might require documentation for an event such as travel arrangements or security messages. It is possible to identify relevant records by conducting an investigation that is specific, not being required to assume that every department was involved.
Operational Experience Helps Explain the Paperwork
Preston Rideout is a hospitality veteran with over 20 years of experience. He has held various positions in management, bartending, and beverage operations across multiple companies. Rideout Hospitality Consulting was established in 2010 and has provided advice to restaurant, hotel and resort operators across the United States.
His work as an expert witness includes matters involving hotels, restaurants resorts, casinos, and resorts for defense and plaintiff attorneys. The operational background can be useful when interpreting records that may appear simple to someone unfamiliar with hospitality management.
A staffing plan is one example. It identifies the employees assigned to work. Understanding whether those assignments provided the proper supervision requires understanding of the property’s service model and operating conditions.
A Stronger Case Begins With More lucid questions
Early expert review helps attorneys identify unresolved and documented issues. It can help determine which documents are worthy of requesting, or clarifying the terminology that is used in depositions.
Every discrepancy is not an operational issue, and not every written policy demonstrates that the proper procedures were adhered to.
An expert analysis of hospitality is valuable when it can explain the distinctions with relevant evidence and practices that are widely accepted by the industry. Attorneys preparing for a lawsuit can benefit from understanding the business and its staff before interviewing them. This allows for an unbiased review of the events that occurred.