An incident report for a hotel may contain only a few paragraphs. The report identifies the guest and describes the disturbance and names the employees who responded and details the time management was notified.
For attorneys, this report could be more complicated than it provides answers. Who was the person in charge of the employees in this particular case? Was surveillance footage preserved? The property adhered to its own rules. There were earlier interactions that were not recorded in the reports?
These issues illustrate why hospitality litigation usually demands an examination of normal documents of business before witness testimony begins.
Begin by reviewing the documents created in normal operations
The hospitality industry’s businesses keep records of scheduling, guest service along with security and management. Although these documents weren’t necessarily created for lawsuits, they can be used to identify how a place operated during 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. As an example the policy could stipulate that the manager should respond to an employee who notifies them of a drunk client.
The investigation will determine whether the manager was working on the report, if it was shared, and the response was provided by the evidence. It is important to assess actual operations than to assume that written instructions were followed or not respected.
There is a need for an independent analysis of the restaurant’s registers
Restaurant investigations present challenges because employees are split between the preparation of beverages, food service the customer’s requests and dining-room management. A restaurant expert witness can explain how these responsibilities influence the choices employees make when they serve.
Imagine that the client purchased alcohol at the bar before being transferred to an area at a table. The bar receipt will record the order at first, while dining-room records will show the more recent orders.
But, these records might not provide proof of the information that the tableserver had about the prior service. Combining server assignments and transaction times, as well as management notes, and employee records will help to clarify the order. It is important to make a distinction: the fact that alcohol was purchased doesn’t mean the staff noticed intoxication.
Casino Investigations may require different documents
Casino beverage programs are significantly different from those offered by a typical restaurant. The inclusion of complimentary drinks cocktails, servers serving drinks at the casino floor, and security personnel can provide additional information.
A professional witness from a casino may look over the staffing assignments for beverages as well as surveillance footage and security reports as well as employee communication protocols. Traditional sales receipts may be insufficient when drinks are offered for free.
In these situations the investigation could rely heavily on the surveillance evidence, observations of employees and service records, in addition to the documented procedures of the premises. Experts should be aware of the weaknesses of evidence instead of accepting insufficient records as evidence.
Save the evidence until it’s no longer available
The preservation of documents that are sensitive is a significant issue for the litigation of hospitality. Records from surveillance systems may be kept for a limited time. The details about employee schedules and internal communications as well as incident documentation are stored by different departments or systems. Attorneys must identify any relevant records in the early stages and take the appropriate steps to safeguard these records.
It’s dependent on what the claim is. A restaurant complaint may require the bar’s and dining room’s records for instance, while a resort event may require event documentation along with transportation arrangements, and security communications. You can find relevant records through an in-depth review without needing to presume that all departments were involved.
The Paperwork is a result of Operating Experience
Preston Rideout is a hospitality veteran with over twenty years of experience. He has held positions in management, bartending, as well as beverages operations in a variety of companies. Rideout Hospitality Consulting is a company he created in the year 2010. He has advised the resort, restaurant, and hotel operators throughout the United States.
His expert witness work includes matters involving hotels, restaurants resorts, casinos, and restaurants for defense and plaintiff counsel. It is helpful to have a background in hospitality management to interpret documents that look simple to those who are not familiar with the business.
Staffing plans, for instance, identify who has been assigned to work. Knowing the service model and operational conditions of a property is essential to know if these assignments offer adequate supervision.
To help build a stronger case and build a stronger case, you must ask better questions.
An early expert review helps attorneys differentiate established facts from ambiguous issues. It may identify additional records worth requesting, help clarify how depositions are conducted, and determine which employee actions need closer scrutiny.
It is not necessary to prove that a policy written was followed when there are contradictions.
The importance of expert analysis is in demonstrating the differences through evidence and industry-wide practices that are well-known. Understanding the operation prior to conducting an investigation into employees in a hotel matter can help lawyers prepare the case for a more precise and credible investigation.