The hotel incident report could comprise only a few sentences. The report names guests, details the incident, names the people who responded, and records when management was notified.
The report is likely to raise more questions for attorneys than it is able to answer. Who was supervising the employees involved? Was surveillance footage preserved? Was the property in compliance with its procedures? Did previous interactions occur that were not recorded in the reports?
These questions highlight why hospitality litigation often necessitates an examination of standard business records before witness testimony commences.
Start by looking through the documents that were produced in normal operations
The records are maintained by hospitality companies for scheduling staff training, guest services and security, as well as management and much more. These documents were not necessarily made for litigation but they may be used to document how the hotel operated in an incident.
A professional witness in hospitality could review the staffing schedules and operating procedures, as well as employee training files and logs of security and recordings from surveillance cameras to determine what responsibilities are assigned to each individual. Written policies may demand managers to address the employee who complains about an intoxicated customer.
Examining the incident will determine whether the manager was involved, if the report was issued, and based on the evidence, what the reaction was. The goal is to analyze the actual operation rather than assuming that written procedures were either observed or not.
The interpretation of restaurant records can be different
Restaurant investigations can be difficult because employees must divide their time between cooking food serving customers, as well as managing the dining space. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Think about a dining-room incident that involves an individual who had ordered drinks at the bar, before moving to a table. The bar receipt could record the purchase at the beginning, while the records of dining-room transactions show later orders.
However, those records might not be able to determine what the table server was aware of about the prior service. Reviewing server assignments, transaction times, management notes, and employee statements together can help clarify the sequence. There is a distinction to be made The fact that alcohol was available for sale doesn’t necessarily mean that staff members recognized the presence of alcohol.
Casino Investigations May Require Different Records
Casino beverage programs can be very different from those of a typical restaurant. The additional drinks that are complimentary, cocktail servers on the gaming floor and security personnel can provide additional information.
A Casino expert witness could review the beverage staffing arrangements, security reports, surveillance footage as well as the rules governing employee communications. If drinks are offered in a free service, the receipts from sales traditionally are inadequate.
In those circumstances the investigation might rely more heavily upon surveillance, employee observations, service documentation, and even the procedure for the property’s documentation. Experts must be aware of the limitations of evidence, rather than relying on insufficient data as proof.
Save the evidence before it’s unavailable
A major concern in hospitality litigation is the protection of time-sensitive records. Certain surveillance systems only preserve records for a specific period of time. The information about employees’ schedules and internal communications along with incident-related documentation can be stored by different departments or systems. Attorneys must identify and preserve the records that may be pertinent as soon as is possible.
The scope of the necessary investigation is contingent upon the nature of the claims. A restaurant complaint may require the bar’s and dining room’s records and a resort-related incident could require documentation of the event, transportation arrangements, and security communications. You can locate relevant records by conducting a targeted review, without needing to presume that every department was involved.
Operational Experience Helps Explain the Paperwork
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held roles in management, bartending, and beverages operations in a variety of divisions. Rideout Hospitality Consulting was established in 2010 and has since provided recommendations to restaurants, hotels and resort operators across the United States.
His work as an expert witness includes issues involving hotels, restaurants resorts, casinos and hotels for plaintiff and defense counsel. This operational background can be beneficial in the interpretation of records that might seem simple to someone who is not familiar with hospitality management.
A staffing plan For instance, it identifies who was assigned to work. Knowing the model of service as well as the operational requirements of a facility is crucial to establish if the assignments are supervised in a proper manner.
Clearness in your questions is the first step in a more convincing argument
Early expert review can help attorneys distinguish established facts from ambiguous issues. It can help determine which records are worth requesting and clarify the operational terminology used in depositions.
There are many reasons why discrepancies may not be indicative of a malfunction. Neither is every procedure that proves that the right procedures were implemented.
The analysis of a professional in the field of hospitality is useful when it explains the distinctions with relevant evidence and practices that are widely accepted by the industry. In the case of attorneys who are working on cases involving hospitality, understanding the operation before questioning its employees could lead to a more specific, convincing review of the actual events.