An incident report for hotels could be just several paragraphs. It includes the name of the guest, a description of the incident as well as the names of the responding staff.
An attorney’s report might bring more questions than it provides answers. Who was supervising the employees who were involved? Was surveillance footage preserved? The facility followed its own procedures. Did the property have previous interactions not included in the report.
These questions show the reason why it’s often necessary to study business records before an individual witness is called to testify in a lawsuit involving hospitality.
Start With the Documents Created during normal operations
Records are kept by hospitality companies for scheduling, guest services, training of staff and security management and many more. While these records weren’t intended for legal proceedings, they may help determine the way a property operated during a particular incident.
An expert witness in hospitality may examine staffing schedules, and operating procedures, as along with employee training documents and logs of security and recordings from surveillance cameras to determine the duties that are assigned to each individual. A written policy might require the manager to respond to employees who report an intoxicated customer.
The investigation will determine whether the manager was working, whether the report was communicated, and what responses were provided in the evidence. The objective is to assess actual actions rather than to assume that the written procedure was implemented or not.
There is an need for a distinct understanding of the restaurant’s record.
Restaurant investigations can be difficult because restaurant employees are required to split their time between cooking food in the kitchen, serving customers and managing the dining area. An expert witness from the restaurant can explain how these responsibilities influence the choices employees take during service.
Imagine that someone ordered alcohol from the bar and was moved to a table. The bar receipt can be evidence of the initial purchase, while dining room transaction records may document subsequent orders.
But, these records might not prove the knowledge of the tableserver about the previous service. Reviewing server assignments, transaction time notes from management, employee communications together could assist in determining the order. A key distinction is that the evidence of alcohol consumption does not mean that employees were aware of intoxication.
Casino Investigations May require different documents
Casinos run beverage programs that can differ substantially from conventional restaurant service. Cocktails with complimentary drinks, mobile servers, gaming-floor supervisors, and extensive security procedures create additional sources of information.
A certified witness at a casino can review the beverage staffing assignments as well as surveillance footage, security reports and employee communication protocols. Traditional sales receipts might give an inaccurate account if drinks are offered for free.
In this case, the investigation could rely more on surveillance, employee observation, service records and documented procedures. Experts must recognize the limitations of evidence, rather than accepting incomplete records as proof.
Save the evidence before it becomes unavailable
Preserving time-sensitive documents is a major concern when it comes to litigation related to hospitality. Some surveillance systems only keep recordings for a certain period of time. Information regarding employee schedules and internal communication and incident documents could be stored by various departments or systems. Attorneys need to identify relevant records early and take the necessary steps to secure the records.
The required scope is determined by the nature of the claims. For instance the restaurant might require documents for the dining room or bar. A resort incident might need documentation of the event as well as travel arrangements, or security messages. You can identify relevant documents by performing an investigation that is specific, not being required to assume that every department was involved.
Operational Experience Aids in Explaining 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 been providing assistance to hotel, restaurant and resort operators throughout the United States.
He has served as an expert witness in a variety of cases involving hotels, casinos, resorts as well as restaurants for the plaintiffs and defense counsel. The operational background can be useful when it comes to interpreting data that might seem straightforward to someone who is not familiar with the management of hospitality.
Staffing schedules, for example to identify who has been assigned to work. To determine if the assignments were proper, you need to know what the service model is of the property and its operating conditions.
Clearness in your questions is the initial step to an argument that is stronger
An early review by an expert can assist attorneys in separating documented facts and unresolved questions. It helps identify documents that should be requested and also define the operational terms employed in depositions.
Not all discrepancies are indicative of an operational failure. Also, not every procedure that proves that the right procedures were observed.
The importance of experts is that they can explain the differences through evidence and industry-wide practices that are well-known. Understanding the procedure prior to asking employees to answer questions in a hospitality case can assist attorneys in preparing the case for a more precise and credible investigation.