An incident report for a hotel might only be several paragraphs. The report names guests who were involved, outlines the incident, names the employees who responded, and records the time management was notified.
The investigation could bring up multiple issues for an attorney. Who was accountable for supervising the employees? Was surveillance footage preserved? The facility had its own procedure. Did the property have previous interactions that weren’t included in the report.
This is the need to examine business records before witness testimony in a case involving hospitality.
Begin by looking over the documents created during normal operation
The hospitality industry produces records for training, scheduling guests service, scheduling and administration. While these records weren’t made to aid in legal proceedings, they may 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 instance A written policy could require a manager to respond when an employee reports an intoxicated guest.
Investigating whether or if the manager actually worked in the workplace, whether or not the report was properly communicated and the reaction supported by evidence is the objective. It is important to assess actual operations as opposed to assuming that written instructions were adhered to or ignored.
The interpretation of restaurant records is different
The investigation process in restaurants is difficult because employees must divide their time between cooking food serving customers, as well as overseeing the dining room. An expert witness from a restaurant can describe the effect of these responsibilities on decisions made by employees during service.
Think about an incident in the dining area that involved a patron who purchased alcohol at the bar prior to settling into a seat. The bar receipt can be evidence of the purchase made at the bar, while dining room transaction records may document subsequent orders.
Those records may not reveal what the server’s information was about the previous service. Reviewing all the data, such as servers assigned and transaction times and management notes and statements from employees will help clarify the order of events. It is important to distinguish: the fact that alcohol was sold does not necessarily mean that staff members recognized the presence of alcohol.
Casino Investigations may require different records
Casino beverage programs can be quite different from the ones of the typical restaurant. Cocktails with complimentary drinks, mobile servers, gaming floor supervisors as well as extensive security operations are additional sources of information.
An expert witness from a casino can analyze beverage staffing and security footage and surveillance. They may also review the procedures for employee communications. The traditional sales receipt may not be correct when complimentary beverages are being served.
In those circumstances, the investigation may depend more heavily on available surveillance employees’ observations, employee records, and the property’s documented procedures. Experts should be aware of the weaknesses of evidence instead of relying on incomplete records as proof.
Keep the Evidence in place before it becomes unavailable
The preservation of records that are sensitive is a real concern in hospitality litigation. Records from surveillance systems may be stored for a short period of time. Different systems or departments may keep employee schedules, internal communication as well as incidental documentation. Attorneys should be able to spot potentially relevant records earlier and take appropriate steps to safeguard the records.
The extent of the investigation is contingent on the nature of the accusations. The scope of an investigation will depend on the accusations. You can determine relevant records through an investigation that is specific, not needing to presume that all departments were involved.
Operations Experience Helps Explain the Paperwork
Preston Rideout is a hospitality veteran with more than twenty years of experience. He has held various positions in management, bartending, as well as beverages operations in a variety of businesses. Rideout Hospitality Consulting was established in 2010 and has provided advice to restaurant, hotel and resort operators across the United States.
Expert witness work for him includes matters involving hotels, restaurants resorts, casinos, and resorts for defense and plaintiff attorneys. This background in operations can be beneficial in the interpretation of records that might seem simple to someone who is not experienced in hospitality management.
Staffing schedules, like determine who was assigned to work. Knowing the service model and the operational requirements of a facility is necessary to determine whether these assignments offer adequate supervision.
Clarity in the questions is the initial step to stronger arguments
Early expert review helps attorneys differentiate between unresolved and documented issues. It may also help identify what documents are worth seeking or defining the terms used for depositions.
There are many reasons why discrepancies may not be indicative of an operational failure. Also, not every policy that shows the proper procedures were implemented.
The benefit of expert analysis is in demonstrating those distinctions through relevant evidence and industry-wide practices that are well-known. Attorneys preparing for a hospitality lawsuit can benefit from understanding the operation and its employees before interviewing them. This allows for to conduct a thorough analysis of what transpired.