A report of an incident at hotels could be just one or two paragraphs. It includes the name of the guest, the description of the incident as well as the names of the responding staff.
The report can raise multiple issues to an attorney. Who was the manager of the employees that were implicated in this incident? Was surveillance footage preserved? Did the property follow its standard procedures? Did you have any previous interactions that weren’t documented?
These questions illustrate why it is often necessary to review business records prior to when a witness testifies in a case involving hospitality.
Start by reviewing the documents created in normal business operations.
Hotels and restaurants keep records of scheduling, guest service along with security and management. Even though these documents weren’t intended for legal proceedings, they may help determine how a facility performed in the event of a specific incident.
An expert witness in hospitality may examine staffing schedules, and operating procedures as also employee training records, logs of security, and recordings from surveillance cameras to determine the duties that are assigned to each employee. A written policy could require managers to address any employee who has reported an intoxicated customer.
In the course of investigating the incident, it is important to determine whether the manager was in charge, if the report was sent, and from the evidence what was the response. Instead of simply assuming that processes were adhered to or not, the goal is to determine what actual actions actually took place.
There is the need for a different interpretation of the restaurant’s records.
Restaurant investigations present challenges because employees have to divide their time between food service, beverage preparation customers’ requests, managing the dining area. A restaurant expert witness can clarify the impact of these roles on the choices made by employees during service.
Imagine that the customer ordered drinks at the bar, and later moved to a table. The bar receipt can be evidence of the purchase made at the bar, while restaurant transaction records might document subsequent orders.
However, those records might not provide a clear picture of what the table server knew about the previous service. Looking over server assignments, transaction times as well as management notes and employee statements together can help to clarify the process. A distinction needs to be made: the fact that alcohol was available for sale doesn’t necessarily indicate that employees were aware of intoxication.
Casino Investigations may require different records
Casinos operate beverage programs that differ significantly from conventional restaurant service. Complimentary drinks, mobile cocktail servers, gaming-floor supervisors, and extensive security operations create further sources of information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. The traditional sales receipt may not be valid when complimentary beverages are involved.
In these circumstances the investigation might rely more heavily on available surveillance employees’ observations, employee records, and the property’s documented procedures. Experts must be aware of the weaknesses of evidence rather than relying on insufficient data as evidence.
Save the Evidence Prior to It Becomes Unavailable
One issue that can arise in the hospitality litigation field is the protection of time sensitive documents. Surveillance systems can keep records for short periods. Different departments or systems may keep employee schedules, internal communication and incidental documents. Attorneys should be able to spot potentially relevant records in the early stages and take the necessary steps to secure them.
The nature of the investigation will depend on the nature of the allegations. For instance the restaurant might require restaurant and bar records. A resort incident might require event documentation such as travel arrangements or security messages. It is possible to determine relevant records by conducting a targeted review, without having to assume that every department was involved.
Operational Experience Aids in Explaining the Paperwork
Preston Rideout is a hospitality veteran with over 20 years of experience. He has held positions in management, bartending, as well as beverages operations in a variety of businesses. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to the hotel, restaurant and resort operators in the United States and internationally.
Expert witness testimony on behalf of plaintiffs and defendants has covered issues involving resorts, casinos, restaurants, and hotels. The operational background can be useful in interpreting documents that might seem straightforward to someone who is not familiar with the management of hospitality.
Staffing schedules, for example you can identify the person who was assigned to work. To determine if the assignments were appropriate, you need to know what the service model is of the facility and its operational conditions.
To make a more convincing case, ask better questions
An early expert review will assist attorneys in separating documents and unresolved issues. It will help identify documents that merit requesting as well as define the terms used in depositions.
Every discrepancy is not an operational error or a lack of written policy proves that appropriate procedures were adhered to.
It is the significance of an expert’s analysis that demonstrates the distinctions made by utilizing established industry practices and relevant evidence. For attorneys preparing a hospitality case, understanding the business prior to questioning its employees can lead to a more precise, reliable investigation of what actually happened.