The incident report for a hotel may comprise only a few sentences. The report identifies the guest as the source of the incident, describes the incident, names the responding employees, and records the time management was notified.
This report could raise more questions for an attorney than it will be able to solve. Who was responsible for supervising the employees? Was surveillance footage preserved? Was the property in compliance with its policies? There were earlier interactions that were not recorded in the reports?
This is the reason why it’s often necessary to look over business records prior an individual witness is called to testify in a lawsuit regarding hospitality.
Start with the documents created in Normal Operation
Records are kept by hospitality companies for scheduling staff training, guest services, security, management, and much more. Although these documents weren’t necessarily created for legal proceedings, they may help determine how a facility performed in the aftermath of an incident.
An expert witness in hospitality may examine staffing schedules, and operating procedures, as along with employee training documents, logs of security, and surveillance camera recordings to determine the roles that are given to each employee. As an example the policy could say that the manager has to respond to an employee who reports an intoxicated client.
Investigating whether or if the manager actually was working and whether or not the report was communicated, and what response is evident from the evidence available should be the primary objective. The goal is to analyze the actual operation rather than assuming that written procedures were either adhered to or not followed.
Restaurant records require their own Interpretation
The investigation process in restaurants is difficult because employees must divide their time between food preparation and serving customers as well as managing the dining room. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Take a look at a dining-room situation involving a customer who ordered alcohol at the bar prior to moving to a table. The bar receipt could be proof of the initial purchase, while the records of dining-room transactions show later orders.
However, these records might not reveal what the table server was aware of about the earlier service. Combining the server assignment the time of transactions, managerial notes, and employee declarations can help clarify the process. The key difference is: the fact that alcohol was bought isn’t necessarily proof that employees were aware of intoxication.
Casino Investigations may require different forms of documentation
Casinos operate beverage programs which differ from conventional restaurant service. The inclusion of complimentary drinks as well as cocktail servers on the gaming floor, and security personnel are all sources of additional information.
A casino expert witness could look into beverage staffing, security reports and surveillance footage. They can also go over protocols for employee communication. If the beverages are offered as a complimentary benefit, the traditional receipts for sales can be incomplete.
In such circumstances, an investigation might depend on surveillance, employee observation and service records, as well as the procedures documented by the premises. The expert must also be able recognize any shortcomings in the evidence and not simply accept a faulty report.
You should keep the evidence up to the point that it is no longer available
The preservation of records that are time sensitive is a practical concern in hospitality litigation. Surveillance systems might keep records for limited periods. Different systems or departments may archive employee schedules, internal communications as well as incidental documentation. Attorneys need to identify relevant records early and take the appropriate steps to preserve the records.
The nature of the investigation will depend on the nature of the accusations. For instance an establishment may need restaurant and bar records. An incident at a resort could require event documentation as well as travel arrangements, or security communication. The targeted reviews will help you determine which records are important and not assume that all departments are involved.
Operational Experience Aids in Explaining the Paperwork
Preston Rideout is a hospitality veteran with over twenty years of experience. He has held roles in bartending, management and beverage operations for multiple businesses. Rideout Hospitality Consulting is a company he created in the year 2010. He has advised restaurant, resort and hotel owners across the United States.
His work as an expert witness includes matters involving hotels, restaurants resorts, casinos, and resorts for defense and plaintiff attorneys. It’s helpful to have an understanding of hospitality management to interpret documents that seem straightforward to those who are not experienced in the field.
A staffing schedule can, for example, identify the individuals who were assigned to work. To determine if those assignments were proper it is necessary to understand what the service model is of the building and its operating conditions.
To make a more convincing case and build a stronger case, you must ask better questions.
A quick review by an expert can assist attorneys in separating documents from unresolved issues. The review can reveal additional records to request, define how depositions are conducted, and identify which decisions of employees need closer scrutiny.
There are many instances of an operational failure however, not every written policy demonstrates that the proper procedures were observed.
It is the significance of an expert’s report that illustrates these distinctions using established business practices and pertinent evidence. Attorneys preparing for a lawsuit will benefit from knowing the company and its employees prior to examining them. This allows for to conduct a thorough review of the events that occurred.