An incident report for a hotel might only be a few paragraphs long. It describes the guest who caused the disturbance that occurred, names the respondent employees and records the date the management was informed.
An attorney’s report might be more complicated than it addresses. Who was in charge of supervising the employees in question? Was surveillance footage preserved? The facility adhered to its own rules. Did you have any previous interactions which were not disclosed?
This is the reasons why it is sometimes necessary to examine business records before an individual witness is called to testify in a hospitality lawsuit.
Begin with the Documents that were created during normal operations
Documents are kept by hospitality firms to record scheduling, guest services, training for staff and security management and many more. Even though the documents were not created to be used in litigation however, they can be useful in understanding how a business did during a particular incident.
An expert witness in the field of hospitality may examine staffing schedules, and operating procedures as well as employee training files, logs of security, and recordings from surveillance cameras to determine the duties that are assigned to each person. For example an established policy could require a manager to respond when an employee has a complaint about an drunken guest.
Examining the incident will determine whether the manager was involved or if the report was made, and from the evidence what the manager’s response was. The aim is to determine the actual activities rather than inferring that the written procedure was followed or ignored.
Restaurant Records require their own Interpretation
Restaurant investigations are challenging because employees divide their attention among food service, beverage preparation, customer requests, and the management of the dining room. A qualified witness in the restaurant industry will be able to demonstrate how decisions made by employees are influenced by these duties.
Think about an incident in the dining room that involves someone who bought drinks at the bar prior moving to an area to sit. The bar receipt may document the initial purchase, while restaurant transaction records might show subsequent orders.
However, these records may not provide proof of what the tableserver was aware of about the prior service. By examining all of the data, such as the server’s assignments and times of transactions together with the management’s notes and employee statements, can help to clarify the sequence. It is important to recognize distinctions: just because alcohol was bought doesn’t mean employees noticed that they were drunk.
Casino Investigations might require other records
The beverage offerings at casinos can be distinct from those at a traditional restaurant. The inclusion of complimentary drinks and cocktail servers at the casino floor, and security personnel are all sources of additional information.
An expert witness from a casino can review beverage staffing, security reports and surveillance footage. They may also review processes for employee communication. Traditional sales receipts could provide an incomplete account when beverages are complimentary.
In such circumstances an investigation can depend heavily on surveillance, employee observation and service records, as well as the documented procedures of the property. The expert should be able to spot any flaws in the evidence and not just accept an incomplete report.
You should keep the evidence up to the point that it’s no more available
Documents that have to be saved for time is a significant concern in litigation that involves hospitality. Surveillance systems can keep records for only a short time. Information regarding employee schedules and internal communications as well as incident documentation may be kept by different departments or even systems. Attorneys need to identify relevant records early and take the appropriate steps in order to secure them.
The necessary scope depends on the facts. For example an establishment may need documents for the dining room or bar. An incident at a resort could require documentation for an event and travel arrangements or security communications. A specific review can help determine the records that are pertinent without presuming that every department had an important role.
Operational Experience Helps Explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has since provided guidance to hotels, restaurants and resort operators across the United States.
He has served as an expert witness in the case of hotels, casinos, resorts and restaurants, for both the defense and plaintiffs. It is helpful to have a background in hospitality management to interpret documents that look simple to those who aren’t experienced in the field.
A schedule of staffing includes, for instance, those given the task of working. To determine if the assignments were proper it is necessary to understand the service model of the property and its operating conditions.
To help build a stronger case Ask more pertinent questions
An early review by an expert can aid attorneys in distinguishing between the facts that are documented and those that remain unanswered. It can help determine which documents are worthy of requesting, or clarifying the language that is used in depositions.
The reason for discrepancies is not always because of a malfunction. Not every policy that proves that the correct procedure was followed.
A professional analysis of hospitality is useful when it explains the differences using evidence and industry-recognized practices. Attorneys preparing for a lawsuit will benefit from knowing the operations and their employees prior to examining them. This will permit a more focused review of the events that occurred.