A report of an incident at hotels could be just short, perhaps a couple of paragraphs. It identifies the guest and describes the disturbance and identifies the staff who responded and details the time management was notified.
This report could raise more questions for attorneys than it will be able to provide an answer. Who was in charge of supervising these employees? Was surveillance footage preserved? Did the property follow the rules? Did the property have previous interactions that were not recorded in the report.
These questions show the reasons why it is sometimes necessary to examine business records before witnesses testify in a lawsuit involving hospitality.
Begin with the documents that are created in normal operation
The records are maintained by hospitality businesses for scheduling guest services, training of staff and security, as well as management and many more. These records weren’t necessarily designed for litigation, but they may be used to prove how the property operated during an incident.
A professional witness in hospitality could review the staffing schedules and operating procedures, as in addition to employee training files and logs of security as well as recordings from surveillance cameras to determine the duties that are assigned to each employee. For instance the written policy may oblige a manager to take action when an employee reports an intoxicated guest.
The investigation should establish whether the manager was in fact working and if the report was shared, and the response was provided by the evidence. Instead of inferring that procedures were observed or not it is important to evaluate how actual operations actually occurred.
The way to interpret restaurant records is different
The employees are split among the food service, beverage prep customer demands and dining-room management. This presents a problem for restaurant investigations. A restaurant expert witness can explain how these responsibilities influence the decisions that employees make when they serve.
Consider a dining-room incident involving the customer who purchased alcohol at the bar before changing tables. The bar receipt will document the initial order, while records for dining rooms will reflect the more recent orders.
But, these records may not establish what the table server was aware of about the previous service. Reexamining server assignments, transaction times, management notes, and employee statements together can assist in determining the order. It is important to make an important distinction: just because alcohol was bought does not mean that employees were intoxicated.
Casino Investigations may require different forms of documentation
Casinos have beverage programs which are distinct from those offered by eateries. Cocktails with complimentary drinks, mobile servers, gaming-floor supervisors, and extensive security operations provide other sources of information.
A Casino expert witness can review beverage staffing assignments, security reports, surveillance footage and the procedures that govern employee communications. The typical sales receipt might not be correct in the event of complimentary beverages.
In such a case, the investigation may depend more heavily on surveillance records, employee observations, service documentation, and even the procedure for the property’s documentation. The expert should also be able to identify weaknesses in the evidence, instead of taking an insufficient record as proof of a particular event.
Make sure you save the evidence prior to when it’s no longer available
The preservation of documents that are time sensitive is a significant issue for litigation involving hospitality. Records from surveillance systems may be retained for a brief time. The details about employee schedules and internal communications as well as incident documentation are stored by different departments or even systems. Attorneys should identify and save any relevant records as quickly as they can.
The scope of the necessary investigation is contingent upon the allegations. The extent of an investigation will be contingent on the accusations. It is possible to identify relevant records by conducting an in-depth review without being able to conclude that all departments were involved.
The Paperwork is a Result of Operational Experience
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 the year 2010 and has offered guidance to hotels, restaurants and resort operators across the United States.
He has served as an expert witness in trials involving hotels, casinos, resorts and restaurants for the plaintiffs and defense counsel. It’s beneficial to have a background in hospitality management when interpreting documents that seem simple to those who are not familiar with the business.
Staffing schedules, such as you can identify the person who was assigned to work. Knowing the model of service as well as operating conditions of the property is essential to know if these assignments will provide the appropriate supervision.
A better case for your argument starts with Clearer Questions
An early review by an expert can aid attorneys in distinguishing between evidence-based facts and questions that remain unanswered. It may help identify which records are worth requesting or clarifying the terminology employed in depositions.
There are many instances of an operational issue, and not every written policy demonstrates that the proper procedures were followed.
The value of hospitality experts is that they can explain these distinctions using relevant evidence and recognized industry practices. Attorneys preparing for a lawsuit will benefit from knowing the company and its employees prior to examining them. This allows for to conduct a thorough analysis of what transpired.