An incident report for the hotel could only be one or two paragraphs. The report identifies the guest who caused the disturbance and identifies the staff who responded and also records the time the management was informed.
An attorney’s report might bring more questions than it can answer. Who was supervising the employees involved? Was surveillance footage preserved? Did the property adhere to its standard procedures? Are there any earlier interactions that weren’t recorded?
These questions show why it’s important to review business records of every day use prior to testimony of witnesses in litigation involving hospitality.
Begin by looking over the documents created during normal operation
Documents are kept by hospitality businesses for scheduling, staff training, guest services and security, as well as management and much more. These records were not always made for litigation but they may be used to establish the operation of the establishment during an incident.
An expert witness in hospitality will scrutinize the scheduling schedules for staff as well operating procedures, employee training records, security logs and monitoring recordings in order to better be aware of the responsibilities attributable to different employees. As an example one policy may stipulate that the manager should respond if an employee reports an intoxicated client.
The investigation should establish whether the manager was working, if the report was issued, and from the evidence what the reaction was. Instead of inferring that procedures were not followed or not The goal is to evaluate how actual operations actually took place.
Restaurant Records Need Their Own Interpretation
Restaurant investigations can be challenging as employees divide their attention among food service, beverage preparation customers’ requests, dining-room management. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a situation in which the customer ordered drinks from the bar and was moved to tables. The bar receipt might prove the initial purchase while the dining-room transaction records indicate later purchases.
But, these records might not be able to prove the knowledge of the tableserver about the prior service. Reviewing all the data, such as the server’s assignments and times of transactions and management notes and statements from employees will help clarify the process. It is important to recognize a distinction: just because alcohol was bought does not mean that the staff was intoxicated.
Casino Investigations may require different records
Casinos offer drink packages that are different from those offered by restaurants. The addition of complimentary drinks cocktails, servers serving drinks at the casino floor and security personnel can provide additional information.
An expert witness from a casino can examine beverage staffing, security footage and surveillance. They can also go over processes for employee communication. If beverages are offered as a complimentary service traditional sales receipts may be incomplete.
In these circumstances an investigation can rely more on surveillance, employees’ observation or service records as well as documented procedures. The expert also needs to recognize any weaknesses in the evidence, rather than treating an incomplete record as proof of a specific event.
Preserve the Evidence Before It becomes unavailable
One issue that can arise in the hospitality litigation field is the protection of time sensitive records. Surveillance systems may retain recordings for limited periods. The details about employee schedules, internal communications and other information as well as incident documentation are stored by different departments or by different systems. Attorneys should identify and save any relevant records as quickly as possible.
The appropriate scope will depend on the accusations. The extent of an investigation will be contingent on the accusations. A targeted review can identify which records are important without assuming that every department was involved.
The paperwork is the result of Operating Experience
Preston Rideout has worked in hospitality since 1996, with previous experience in bartending and nightclub management, as well as multi-unit beverage operations. Rideout Hospitality Consulting is a business he started in the year 2010. He has provided advice to on resort, restaurant and hotel owners across the United States.
His work as an expert witness includes issues involving hotels, restaurants resorts, casinos, and restaurants for both defense and plaintiff lawyers. This operational background can be helpful when interpreting records that may seem simple to someone not familiar with the management of hospitality.
Staffing schedules, for example to identify who has been given the task. To determine whether the assignments were proper it is necessary to understand the service model of the property and its operating conditions.
The ability to clearly state the issue is the initial step to a stronger argument
Early expert review can help attorneys distinguish documented facts from unresolved issues. It can help determine which documents merit requesting or defining the terms used to describe depositions.
Not all discrepancies are indicative of an operational issue. Not every procedure that proves that the right procedures were followed.
A professional analysis of hospitality is valuable when it explains the distinctions with relevant evidence and recognized practices. Knowing the process prior to interviewing employees in a situation can assist lawyers in preparing an argument that is more precise and credible investigation.