The incident report for a hotel may be a short document with only a few words. The report will contain the name of the guest, a description of the disturbance and the names of the responding staff.
As an attorney, that report could cause more questions than it can answer. Who was accountable for supervising the employees? Was surveillance footage preserved? The facility adhered to its own rules. Did the property have previous interactions that weren’t included in the report.
These questions illustrate why it is crucial to examine ordinary business records prior to witness testimony in hospitality litigation.
Begin by reviewing the documents that were made during normal operation
The hospitality industry produces records for scheduling, training and guest service, security, and management. Although these documents weren’t necessarily intended for litigation, they can help identify how a place operated in the aftermath of 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. For example the written policy may oblige a manager to take action when an employee reports an intoxicated guest.
In the course of investigating the incident, it is important to determine if the manager worked and if a report was sent, and in light of the evidence, what was the response. The objective is to assess the actual activities rather than inferring that the procedures written down were implemented or not.
There is a need for an independent understanding of the restaurant’s record.
The employees are split between the food service, beverage prep as well as customer service and dining room management. This is a major challenge for investigation into restaurant operations. A restaurant expert witness can explain the impact of these responsibilities on decisions taken by employees while they serve.
Imagine a situation in which a client ordered alcohol from the bar and was transferred to tables. The bar receipt may document the purchase made at the bar, while dining room transaction records may record subsequent purchases.
The records could not provide what the server was aware of about the prior service. Reviewing all the data such as server assignments and transaction times, along with management notes and employee declarations could help in determining the order of events. It is essential to keep a distinction: the fact that alcohol was purchased does not mean that staff was intoxicated.
Casino Investigations may require different forms of documentation
Casinos have beverage programs which can be quite different from traditional restaurant services. Free drinks, mobile cocktail servers, gaming-floor supervisors, and extensive security operations provide additional sources of information.
An expert witness from a casino can analyze beverage staffing and security footage, and surveillance videos. They may also review processes for employee communication. The standard sales receipt may not be accurate when complimentary beverages are being served.
In those circumstances the investigation could rely on surveillance data employees’ observations, employee records, and documenting procedures of the property. Experts should be aware of the limitations of evidence, rather than relying on insufficient data as evidence.
Keep the evidence until it’s no longer accessible
Conserving documents with time-sensitive information is a crucial consideration when it comes to lawsuits which involves hospitality. Some surveillance systems only keep recordings for a specified period of time. Different departments or systems may keep employee schedules, internal communication and incidental documents. Attorneys should be able to locate relevant documents and take appropriate actions early.
It’s all about what the claim is. For instance restaurants may require the records of its dining room and bar. A resort incident might need documentation of the event, travel arrangements, or security messages. You can identify relevant documents by performing a targeted review, without needing to presume that every department was involved.
The Paperwork is a result of Operational Experience
Preston Rideout, a hospitality professional since 1996, has worked in managing nightclubs and bartending as well as multi-unit drinks operations. Rideout Hospitality Consulting was established in 2010 and has provided guidance to hotels, restaurants and resort owners across the United States.
His work as an expert witness includes matters involving hotels, restaurants, resorts, and casinos for both defense and plaintiff lawyers. His operational knowledge is helpful in interpreting documents that might seem simple to someone not familiar with the management of hospitality.
A list of staffing plans will, for instance, identify those who were given the task of working. To determine whether the assignments were appropriate you should know the model of service for the building and its operating conditions.
To make a more convincing case to build a stronger case, ask more questions
Early expert review can assist attorneys in separating documented facts from unresolved issues. It may also help identify what records are worth requesting or clarifying the terminology employed in depositions.
It is not required to prove that a written policy was followed when there are contradictions.
The value of hospitality expert analysis is in demonstrating those distinctions through relevant evidence and recognized industry practices. Attorneys preparing for a hospitality lawsuit can benefit from a thorough understanding of the business and its staff prior to interviewing them. This will enable a more focused investigation of what happened.