A report of an incident at hotels could be just several paragraphs. It includes the name of the guest, the description of the issue and the names of the people who were involved in the incident.
This report may bring up more questions for an attorney than it can solve. Who was the person in charge of the employees in this matter? Was surveillance footage preserved? Was the property following its policies? Are there any previous interactions which were not reflected in the report?
These are the reasons the reason why hospitality litigation typically necessitates an examination of standard business records prior to when witness testimony commences.
Begin by reviewing 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. While these records were not designed to be used in litigation but they can be helpful in establishing how a property performed in the event of a specific incident.
A professional witness in hospitality will examine the staffing schedules and operating procedures as well as employees’ training records as well as security logs and surveillance recordings to be aware of the responsibilities assigned to which personnel. A written policy may require that the manager take action to any employee who has reported an intoxicated customer.
Investigating whether or if the manager actually worked and whether or not the report was distributed and the reaction confirmed by the evidence should be the goal. Instead of concluding that the procedures were adhered to or not it is important to assess how the actual operation were actually carried out.
The way to interpret restaurant records is different
The employees are split among the food service, beverage preparation customer demands and dining-room management. This is a major challenge for restaurant investigations. An expert witness for Restaurants can discuss how these responsibilities influence the choices employees make in service.
Think about an incident in the dining area that involved an individual who had purchased alcohol at the bar prior to moving to the table. The bar receipt can be proof of the initial purchase, while the records of dining-room transactions will show subsequent orders.
However, these records may not be able to prove the information that the tableserver had about the previous service. By examining all of the data, such as the server’s assignments and times of transactions and management notes and statements from employees can help to understand the sequence. A distinction needs to be made when it comes to alcohol: the fact that it was sold does not necessarily mean that staff members recognized the presence of alcohol.
Casino Investigations may require different records
The beverage offerings at casinos can be very different from those of the traditional restaurant. Free drinks, mobile cocktail servers, gaming floor supervisors as well as extensive security operations are other sources of information.
A casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. If beverages are offered as a complimentary service traditional sales receipts may be not complete.
In these circumstances the investigation could be heavily based on the surveillance evidence, observations of employees and service records, in addition to the documented procedures of the facility. The expert should also be able to identify shortcomings in the evidence rather than relying on an uncomplete record as proof of a particular event.
Preserve the Evidence Before It Does Not Remain Available
Conserving documents with time-sensitive information is a significant concern in the context of litigation that involves hospitality. Certain surveillance systems can only store recordings for a specified period of time. Information about employees’ schedules and internal communications and incident documents may be kept by different departments or by different systems. Attorneys should be able to spot potentially relevant records in the early stages and take the appropriate steps to preserve the records.
The scope of the investigation varies on the nature of the allegations. The extent of an investigation will be contingent on the accusations. You can identify relevant records by conducting a targeted review, without being required to assume that all departments were involved.
Operational Experience helps explain the Paperwork
Preston Rideout is a hospitality veteran with over 20 years of experience. He has held positions in management, bartending, and beverage operations for several businesses. Rideout Hospitality Consulting is a business he started in the year 2010. He has provided advice to restaurants, resorts and hotel operators across the United States.
He has served as an expert witness in the case of resorts, hotels, casinos and restaurants, for both the defense and plaintiffs. It’s helpful to have some experience in hospitality management when interpreting documents that look simple for those not familiar with the business.
A staffing plan, for instance, identifies the individuals who were assigned to work. The service model and the operational environment of a building is crucial to establish if these assignments provide appropriate supervision.
The ability to clearly state the issue is the first step to stronger arguments
An early review by an expert can help lawyers distinguish between the facts that are documented and those that remain unanswered. It may help identify which records are worth requesting or defining the terms used for depositions.
The reason for discrepancies is not always because of a malfunction. There isn’t a single procedure that proves that the right procedure was observed.
The value of experts is that they can explain these distinctions using relevant evidence and industry-wide practices that are well-known. Understanding the business before asking employees to answer questions in a hospitality case can help attorneys prepare a case with a more precise and credible investigation.