A report of an incident at a hotel might only be several paragraphs. It identifies the guest and describes the disturbance and identifies the staff who responded and records the date management was notified.
The report could raise more than one question to an attorney. Who was the supervisor of the employees involved in this particular case? Was surveillance footage preserved? Did the property adhere to its standard procedures? Did you have any previous interactions which were not documented?
These are the reasons the reason why hospitality litigation typically necessitates an examination of standard business records before witness testimony commences.
Start by reviewing the documents that were created in normal operations
Businesses in the hospitality industry keep records of guest service, scheduling guest service security, training, and management. Even though these documents weren’t designed to be used in litigation, they could help establish how a property functioned in the aftermath of an incident.
An expert witness in the field of hospitality might review staffing plans and operating procedures as in addition to employee training files or logs of security and recordings from surveillance cameras to determine the roles that are given to each employee. Written policies may demand that the manager take action to the employee who complains about an intoxicated client.
The investigation into whether or not the manager actually was working and whether or not the report was distributed and the response evident from the evidence available is the objective. It is important to look at actual actions than to presume that the written instructions were followed or not respected.
Restaurant Records require their own Interpretation
The employees are divided between the food service, beverage preparation customer demands and dining-room management. This creates a challenge for investigation of restaurants. A restaurant expert witness can clarify the impact of these responsibilities on decisions taken by employees while they serve.
Think about an incident in the dining room involving a patron who purchased drinks at the bar prior to moving to a seat. The bar receipt might document the first purchase while the restaurant transaction records might record subsequent purchases.
These records might not show what the server knew of the previous service. Reexamining the server’s assignments, transactions times notes from management, employee records together can aid in understanding the sequence. There is a distinction to be made: the fact that alcohol was offered for sale does not indicate that employees have been able to detect the presence of alcohol.
Casino Investigations can require different forms of documentation
Casinos have beverage programs which can be quite different from standard restaurant service. The addition of complimentary drinks cocktails, servers serving drinks on the gaming floor, and security personnel can provide additional information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. If drinks are offered as a complimentary benefit, the traditional receipts for sales can be inadequate.
In these circumstances, the investigation may depend more heavily upon surveillance employees’ observations, employee records, and the property’s documented procedures. The expert should also be able to identify weaknesses in the evidence, rather than treating an incomplete document as evidence of an incident.
Keep the Evidence in place before it Does Not Remain Available
A major concern when it comes to hospitality litigation is the protection of time-sensitive documents. Records from surveillance systems may be stored for a short duration. Different departments or systems may save employee calendars, internal communications and incidental records. Attorneys need to identify and archive documents that could be relevant as quickly as they are able.
The scope of the investigation varies on the type of allegations. The scope of an investigation will depend on the accusations. A targeted review can identify what records are essential without presuming that every department was involved.
The Paperwork is a Product of the Operational Experience
Preston Rideout is a hospitality veteran with over 20 years of experience. He has held roles in management, bartending and beverage operations for several companies. Rideout Hospitality Consulting is a company that he established in the year the year 2010. He has provided advice to restaurant, resort, and hotel operators throughout the United States.
His expert witness work includes matters involving restaurants, hotels resorts, casinos, and restaurants for defense and plaintiff counsel. This background in operations can be beneficial when interpreting documents that might seem simple to someone who isn’t familiar with hospitality management.
A staffing plan is one example. It identifies who was given the task. Understanding whether those assignments provided sufficient supervision requires an understanding of the model of service for the property and operating conditions.
Clarity in questions is the first step towards a stronger argument
Early expert review helps attorneys identify unresolved and documented problems. It could help uncover additional documents worth requesting, help clarify operational terminology for depositions, and determine which employee actions require closer examination.
It is not necessary to prove that a written policy was adhered to if there are differences.
The importance of experts is that they can explain the differences through evidence and recognized industry practices. Attorneys preparing for a hospitality lawsuit can benefit from a thorough understanding of the company and its employees before conducting an interview with them. This allows for an unbiased examination of what happened.