The incident report for a hotel may be a short document with only a few words. The report identifies the guests, explains the incident, identifies the employees who responded, and records when management was notified.
An attorney’s report might raise more questions than it can answer. Who was responsible for supervising the employees? Was surveillance footage preserved? Did the property follow its standard procedures? There were earlier interactions which were not reflected in the report?
These issues illustrate why litigation involving hospitality often demands an examination of normal business records before testimony of witnesses commences.
Begin by examining the documents made in normal operation
The hospitality industry produces records for training, scheduling guests service, scheduling and management. These records were not always made for litigation but they may be used to determine how the property operated during an incident.
An expert witness in Hospitality may study staffing plans, operational procedures, training files, security logs, and recordings of surveillance to determine the roles assigned to various personnel. For instance an established policy could have a manager respond to an employee’s report of an intoxicated guest.
The investigation must determine if the manager was working, whether the report was communicated, and what response was provided by the evidence. It is more important to look at actual actions instead of assuming that the written instructions were followed or not respected.
There is a need for an independent understanding of the restaurant’s record.
The employees are split into the catering, beverage prep customer demands and dining-room management. This is a major challenge for restaurant investigations. A restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Take a look at an incident that occurred in a dining room, involving an individual who had purchased drinks at the bar prior to moving to an area to sit. The bar receipt can be proof of the initial order, while the dining room records will document the more recent orders.
However, these documents may not be able to prove the information that the tableserver had about the earlier service. The combination of server assignments and transaction times, as well as management notes, and employee records will help to clarify the order. It is important to recognize a distinction: just because alcohol was purchased doesn’t mean employees were intoxicated.
Casino Investigations May Require Different Records
Casinos offer beverage services that are different from those provided by restaurants. Additional sources of information include complimentary drinks, mobile cocktail servers and gaming-floor supervisors.
A casino expert witness may review beverage staffing, security footage, and surveillance videos. They could also examine the procedures for employee communications. If drinks are offered in a free service, the traditional receipts for sales can be not complete.
In this case the investigation may rely more heavily on surveillance, employee observation service records, and other documented procedures. The expert needs to also recognize shortcomings in the evidence rather than treating an incomplete document as evidence of an event.
Keep the Evidence in place before it Does Not Remain Available
The preservation of documents that are time sensitive is a significant concern when it comes to lawsuits related to hospitality. Recordings from surveillance systems can be saved for a specific duration. Different departments or systems may archive employee schedules, internal communications and incidental documents. Attorneys need to identify relevant documents early and take the necessary steps to safeguard the records.
The scope of the investigation varies on the type of allegations. The scope of an investigation will be contingent on the accusations. A focused review will help identify which records are relevant without having to assume that all departments played some part.
The Paperwork is a result of operational experience
Preston Rideout has worked in hospitality since 1996, with expertise 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 owners across the United States.
He has served as an expert witness in a variety of cases involving resorts, hotels, casinos and restaurants for the plaintiffs and defense counsel. His operational knowledge is helpful in the interpretation of records that seem simple to someone not familiar with the management of hospitality.
Staffing schedules, for example, identify who has been assigned to work. Knowing if the assignments offered the proper supervision requires understanding of the service model of the facility and its operating conditions.
A stronger case starts with Clarer Questions
An early expert review can help attorneys distinguish documented facts from unresolved issues. It will help identify documents that are worthy of requesting and help clarify the terminology employed in depositions.
Not every discrepancy demonstrates an operational failure however, not every written policy shows that proper procedures were followed.
It is important to have an expert’s assessment that shows these distinctions by using recognized industry practices and relevant evidence. Understanding the business before interviewing employees in a situation can assist lawyers in preparing cases that have a more precise and credible investigation.