A report of an incident at the hotel could only be one or two paragraphs. It contains the name of the guest, the description of the incident, and the names of the people who were involved in the incident.
As an attorney, that report might bring more questions than it addresses. Who was the supervisor of the employees who were involved in this matter? Was surveillance footage preserved? Was the property following its procedures? Are there any earlier interactions which were not recorded?
These questions illustrate the need to review business records prior to when an individual witness is called to testify in a case involving hospitality.
Begin with the Documents that were created During Normal Operations
Businesses that operate in the hospitality industry create records for training, scheduling guests, guest service, security and management. These records were not always created for court proceedings, but they can be used to determine how the hotel operated in an incident.
An expert witness in the field of hospitality may review staffing schedules and operating procedures, as well as employee training files, logs of security, and footage from surveillance cameras to determine the roles that are assigned to each individual. For example the written policy may oblige a manager to take action to an employee who reports an intoxicated guest.
Investigating whether or not the manager actually worked, whether or not the report was communicated, and the response supported by evidence should be the primary objective. The aim is to determine actual actions rather than to assume that the procedures written down were adhered to or not followed.
There is a need for an independent understanding of the restaurant’s record.
The employees are split into the catering, beverage prep as well as dining-room management. This is a major challenge for investigation into restaurant operations. A restaurant expert witness can discuss the effects of these duties on the decisions taken by employees while they serve.
Imagine an incident in the dining room that involves the patron who bought drinks at the bar prior to settling into a table. The bar receipt may document the initial purchase, while dining room transaction records may show subsequent orders.
However, these documents may not confirm what the tableserver knew about the prior service. The combination of server assignments the time of transactions, managerial notes, and employee records can help clarify the process. It is important to distinguish The fact that alcohol was available for sale doesn’t necessarily indicate that employees have been able to detect intoxication.
Casino Investigations may require different records
Casinos operate beverage programs which differ from traditional restaurant services. The addition of complimentary drinks, cocktail servers at the casino floor, and security personnel are all sources of additional information.
A casino expert witness may review beverage staffing, security reports and surveillance footage. They can also go over protocols for employee communication. Traditional sales receipts could not provide a complete account when drinks are provided for free.
In these situations an investigation can rely more on surveillance, employees’ observation service records, and other documented procedures. The expert should also be able to identify any flaws in the evidence, and not simply accept a faulty document.
Conserve the Evidence before It is lost forever.
The preservation of documents that are time sensitive is a significant concern in litigation which involves hospitality. Certain surveillance systems only preserve records for a specific period of time. Information regarding employees’ schedules and internal communications as well as incident records are stored by different departments or even systems. Attorneys must locate and secure any relevant records as quickly as they are able.
It’s all about the type of claim. For instance the restaurant might require documents for the dining room or bar. A resort incident may need documentation of the event, travel arrangements, or security communications. A specific review can help determine which records are relevant without having to assume that all departments played a function.
Operational Experience Helps Explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has provided recommendations to restaurants, hotels and resort owners across the United States.
Expert witness testimony for plaintiffs and defendants has included matters involving casinos, resorts or restaurants, as well as hotels. It’s beneficial to have a background in hospitality management to interpret documents that appear simple to those who aren’t familiar with the industry.
Staffing schedules, for example you can identify the person who was assigned to work. Understanding the model of service and operating conditions of the property is essential to know if the assignments are supervised in a proper manner.
A Stronger Case Begins With Clarer Questions
An early expert review can help attorneys distinguish between documented and unresolved issues. The review can reveal additional records worth requesting, help clarify the terms used in depositions and determine which employee decisions require a closer look.
Every discrepancy is not an operational error, and not every written policy demonstrates that the proper procedures were followed.
It is the value of an expert’s analysis that demonstrates these distinctions by using recognized best practices in the industry and evidence. Knowing the process prior to interviewing employees in a matter can help lawyers prepare the case for a more focused and credible examination.