An incident report for a hotel might only be one or two paragraphs. The report names the guests, describes the disturbance, names the people who responded, and records when the management was informed.
This report may raise more questions for an attorney than it will be able to provide an answer. Who was responsible for supervising the employees? Was surveillance footage preserved? Was the property in compliance with its rules? Are there any previous interactions that never appeared in the reports?
These questions demonstrate the need to study the business records of everyday businesses prior to testimony of witnesses in hospitality litigation.
Start by reviewing the documents that were produced during normal operation
Businesses that operate in the hospitality industry create records to schedule, train, guest service, security and administration. They are not designed for litigation, but they could be used to prove how the facility operated during an incident.
A Hospitality expert witness could look over staffing schedules, operational procedures, education files, security logs, and surveillance recordings to learn the responsibilities given to different staff members. As an example, an official policy might state that the manager must respond to an employee who is notified of an intoxicated client.
The investigation should determine if the manager was actually working on the report, if it was communicated, and what response the evidence reveals. The goal is to analyze actual actions rather than to assume that the procedures written down were implemented or not.
The interpretation of restaurant records is different
The employees are divided between the food service, beverage prep as well as dining-room management. This presents a problem for restaurant investigations. A qualified witness in the restaurant industry can show how decisions made by employees are influenced by these duties.
Imagine a dining room incident that involved an individual who had ordered drinks at the bar before taking a seat at a table. The bar receipt could confirm the initial order while the dining room records will document the more recent orders.
However, the records may not be able to determine what the server at the table knew about the previous service. Combining the server assignments and transaction times, as well as management notes, and employee declarations can clarify the sequence. It is important to make distinctions: just because alcohol was purchased does not mean that the staff was intoxicated.
Casino Investigations may require different records
Casinos have beverage programs that can differ substantially from traditional restaurant services. Drinks are free, there are mobile cocktail servers, gaming floor supervisors as well as extensive security operations are further sources of information.
A professional witness from a casino can review the beverage staffing assignments as well as surveillance video and security reports as well as employee communications procedures. If drinks are offered as a complimentary service traditional sales receipts may be not complete.
In those circumstances the investigation might rely more heavily on available surveillance employees’ observations, employee records, and the procedure for the property’s documentation. The expert also needs to recognize shortcomings in the evidence instead of taking an insufficient document as evidence of a specific event.
You should keep the evidence up to the point that it’s no longer accessible
A major concern when it comes to hospitality litigation is the preservation of time sensitive documents. Surveillance systems might keep records for only a short time. Schedules of employees, internal communications, and incident documents may be archivalized in different departments or systems. Attorneys need to identify and archive any relevant records as quickly as possible.
The scope of the investigation varies on the type of allegations. The extent of an investigation will be contingent on the allegations. It is possible to determine relevant documents by performing an in-depth review without needing to presume that all departments were involved.
The Paperwork is a result of the 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 2010 and has provided assistance to hotel, restaurant and resort operators across the United States.
Expert witness testimony for plaintiffs and defendants has included issues involving resorts, casinos restaurant, hotels, and casinos. This operational background can be helpful when interpreting records that may seem straightforward to someone who is not familiar with hospitality management.
Staffing schedules, like, identify who has been given the task. To determine if these assignments were appropriate it is necessary to understand the model of service for the property and its operating conditions.
Clearness in your questions is the first step in an argument that is stronger
Early review by experts helps attorneys differentiate established facts from ambiguous issues. It will help identify documents that are worthy of requesting and help define the terms used in depositions.
The reason for discrepancies is not always because of an operational issue. Not every policy that shows the proper procedure was observed.
An expert analysis of hospitality is beneficial when it explains these distinctions based on relevant evidence and recognized practices. For attorneys preparing a hospitality case, understanding the operation before questioning its employees can lead to a more precise, reliable examination of what actually occurred.