An incident report for a hotel may be a couple of paragraphs. The report details the guests, describes the incident, identifies the people who responded, and also records when management was notified.
This report may raise more questions for an attorney than it is able to be able to. Who was the person who was supervising employees that were involved? Was surveillance footage preserved? Was the property in compliance with its policies? Did the property experience any prior interactions that were not recorded in the report.
These questions illustrate the reason why it’s often necessary to examine business records before an individual witness is called to testify in a lawsuit involving hospitality.
Start with the documents created during normal operations
Hospitality businesses generate records for training, scheduling guests, guest service, security, and management. Although they weren’t intended for lawsuits, they can be used to determine the way a property operated in the event of a specific 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. A written policy may require managers to address the employee who complains about an intoxicated customer.
The investigation should establish if the manager worked on the incident, if the complaint was issued, and from the evidence what the reaction was. It is important to assess actual operations than to assume that written instructions were adhered to or not observed.
There is a need for a separate interpretation of the restaurant records
The employees are split between the food service, beverage prep as well as dining-room management. This creates a challenge for investigation into restaurant operations. An expert witness from a restaurant can clarify the impact of these roles on the choices taken by employees in service.
Consider a dining-room incident involving an individual who had ordered drinks at the bar before moving to a table. The bar receipt could confirm the initial order while the dining room records will document the more recent orders.
But, these records might not prove what the tableserver was aware of about the prior service. Examining the server’s assignments, transactions times, management notes, and employee records together can assist in determining the order. It is essential to keep an important distinction: the fact that alcohol was purchased doesn’t mean the staff noticed intoxication.
Casino Investigations May require different documents
Casinos have beverage programs that differ significantly from the standard restaurant service. The additional drinks that are complimentary as well as cocktail servers at the casino floor and security personnel are all sources of additional information.
A casino expert witness can review beverage staffing, security footage, and surveillance videos. They may also review protocols for employee communication. Traditional sales receipts might give an inaccurate account if drinks are offered for free.
In such a case the investigation could depend on surveillance available, employee observations and service records as well as the documented procedures of the property. The expert must also be able identify any flaws in the evidence and not accept a partial document.
You should keep the evidence up to the point that it’s no longer accessible
Conserving documents with time-sensitive information is a significant concern when it comes to litigation which involves hospitality. Some surveillance systems only keep recordings for a certain period of time. Employee schedules, internal communications and incident documents may be kept in different departments or in different systems. Attorneys should identify potentially relevant records earlier and take the necessary steps to safeguard them.
It depends on the nature of the claim. A restaurant case may require the bar’s and dining room’s records, while a resort incident may require event documentation, transportation arrangements, and security communications. A specific review can help determine the records that are pertinent without taking for granted that every department played a part.
Understanding the paperwork is easier with operational experience
Preston Rideout has worked in hospitality since 1996, with prior experience in bartending, nightclub management, as well as multi-unit drinks operations. Rideout Hospitality Consulting is a business he started in the year 2010. He has advised restaurant, resort and hotel operators across the United States.
He has served as an expert witness in trials involving hotels, casinos, resorts as well as restaurants for the plaintiffs and defense counsel. This background in operations can be beneficial when interpreting documents that might seem simple to someone who is unfamiliar with hospitality management.
A staffing schedule For instance, it identifies the employees assigned to work. Knowing if the assignments offered sufficient supervision requires an understanding of the property’s service model and operating conditions.
Clearness in your questions is the first step to a stronger argument
Early expert reviews help lawyers identify unresolved and documented issues. It could help uncover additional documents worth requesting, clarify operational terminology for depositions, and determine which employee decisions require a closer look.
There are many instances of an operational flaw or a lack of written policy demonstrates that the proper procedures were adhered to.
It is important to have an expert’s analysis which demonstrates these distinctions using established industry practices and relevant evidence. Attorneys preparing for a lawsuit will benefit from knowing the operation and its employees before interviewing them. This will enable a more focused analysis of what transpired.
