A hotel incident report may contain only a few paragraphs. The report identifies the guest as the source of the incident, describes the incident and identifies the staff who responded and records the date management was notified.
The investigation could bring up multiple questions to an attorney. Who was the person in charge of the employees in this particular case? Was surveillance footage preserved? Did the property adhere to its established guidelines? Do you know of any prior interactions that weren’t reported?
These questions illustrate why it is crucial to study the business records of everyday businesses prior to witness testimony in hospitality litigation.
Start With the Documents Created During Normal Operations
Documents are kept by hospitality businesses for scheduling staff training, guest services, security, management, and much more. These documents were not necessarily intended for litigation however they could be used to document how the facility operated during an incident.
A Hospitality expert witness could study staffing plans, operating procedures, employee training files, security logs, and recordings of surveillance to determine the duties assigned to different employees. For example, a written policy might require a manager to respond to an employee who reports an intoxicated guest.
Examining the incident will determine whether the manager was involved, if the report was submitted, and, in light of the evidence, what was the response. It is far more crucial to look at actual actions than to presume that written instructions were followed or not observed.
Restaurant records require their own Interpretation
Restaurant investigations are challenging because employees have to divide their time between the preparation of beverages, food service customers’ requests, the management of dining rooms. An expert witness for Restaurants can explain how these responsibilities impact the choices that employees take during service.
Consider a dining-room incident involving the customer who purchased alcohol at the bar, before changing tables. The bar receipt might document the first purchase while the dining room transaction records may reveal subsequent purchases.
The records could not provide what the server’s information was about the prior service. The combination of server assignments the time of transactions, managerial notes, and employee declarations can clarify the sequence. It is important to make distinctions: simply because alcohol was consumed does not mean that the staff noticed intoxication.
Casino Investigations can require different forms of documentation
Casinos offer beverage services that differ significantly from standard restaurant service. The addition of complimentary drinks, cocktail servers at the casino floor, and security personnel are all sources of additional information.
A casino expert witness could look into beverage staffing, security footage and surveillance. They can also go over protocols for employee communication. The typical sales receipt might not be valid when complimentary drinks are involved.
In these circumstances an investigation can rely more on surveillance, employee observation service records, and other documented procedures. The expert must also be able recognize any weaknesses in the evidence, and not be content with an insufficient document.
Make sure you keep the evidence until it’s no longer available
The preservation of records that are sensitive is an issue for litigation involving hospitality. Surveillance systems could keep recordings for short periods. Information about employee schedules and internal communication along with incident-related documentation can be stored by different departments or systems. Attorneys must locate and secure potentially relevant records as soon as they can.
The scope of the investigation varies on the nature of the accusations. The scope of an investigation will depend on the allegations. A targeted review can identify the records that are crucial and not assume that all departments are involved.
The Paperwork is a Product 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 is a company that he established in the year the year 2010. He has provided advice to on resort, restaurant and hotel owners across the United States.
He has been an expert witness in cases involving hotels, casinos, resorts as well as restaurants for attorneys representing defense and plaintiffs. This background in operations can be beneficial in the interpretation of records that appear straightforward to someone who is unfamiliar with hospitality management.
A staffing plan can, for example, identify who was given the task. Understanding whether those assignments provided sufficient supervision requires an understanding of the model of service for the property and operational conditions.
A more convincing case begins with Clarer Questions
An early expert review can help attorneys distinguish documented facts from unresolved issues. It could help uncover additional documents that are worth seeking, clarify the how depositions are conducted, and determine which employee actions require a closer look.
There are many reasons why discrepancies may not be indicative of an operational issue. There isn’t a single policy that proves that the correct procedure was followed.
It is important to have an expert’s analysis which demonstrates the distinctions made by utilizing established business practices and pertinent evidence. Understanding the business before conducting an investigation into employees in a hotel case can assist attorneys in preparing cases that have a an unbiased and trustworthy examination.