The incident report for a hotel may just be a few paragraphs. The report details the guests, explains the incident, names the staff who responded and also records when the management was informed.
An attorney’s report can be more complicated than it answers. Who was the supervisor of the employees who were involved in this particular case? Was surveillance footage preserved? Was the property following its procedures? Did previous interactions occur that never appeared in the reports?
These questions highlight why it is crucial to review business records of every day use prior to witness testimony in hospitality litigation.
Begin with the Documents that were created in Normal Operation
Hotels and restaurants maintain records of scheduling, guest service along with security and management. These records weren’t necessarily made for litigation but they may be used to prove the operation of the establishment during an incident.
A Hospitality expert witness may review staffing schedules and operating procedures, employee education files, security logs, and recordings of surveillance to determine the responsibilities assigned to different personnel. As an example one policy may specify that the supervisor must respond to an employee who informs them of an intoxicated client.
The investigation into whether or not the manager actually was working in the workplace, whether or not the report was properly communicated and the response documented by the available evidence should be the primary objective. Instead of inferring that procedures were observed or not The goal is to determine what actual actions actually occurred.
The interpretation of restaurant records is different
The employees are split among the catering, beverage prep as well as dining-room management. This creates a challenge for restaurant investigations. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Take a look at a dining-room situation involving a customer who ordered alcohol at the bar prior to taking a seat at a table. The bar receipt can record the purchase at the beginning, while the records of dining-room transactions indicate later purchases.
The information in those records might not be revealing what the server knew of the previous service. Combining the server assignment the time of transactions, managerial notes, and employee declarations can help clarify the process. A distinction needs to be made: the fact that alcohol was offered for sale does not indicate that employees were aware of intoxication.
Casino Investigations may require different records
Casinos offer beverage services that differ from those provided by restaurants. The availability of complimentary drinks and cocktail servers at the casino floor and security personnel are all sources of additional information.
A professional witness from a casino can review the beverage staffing assignments along with surveillance footage including security reports, employees’ communication methods. Traditional sales receipts might provide an incomplete account when beverages are free.
In these circumstances, the investigation may depend more heavily on surveillance records, employee observations, service records, and the documenting procedures of the property. Experts must recognize the limitations of evidence, rather than accepting incomplete records as proof.
Conserve the Evidence before It Does Not Remain Available
The preservation of documents that are sensitive is a real concern in hospitality litigation. Surveillance systems may retain recordings for only a short time. The information about employee schedules and internal communications and incident documents can be stored by different departments or systems. Attorneys need to identify relevant records and take the appropriate steps early.
The scope of the necessary investigation is contingent upon the accusations. A restaurant case may require documents for the dining room and bar, while a resort incident could need documentation for the event transport arrangements, as well as security communications. A specific audit helps determine the records that are pertinent without presuming that every department had a part.
Operational Experience Aids in Explaining the Paperwork
Preston Rideout, a hospitality professional since 1996, has extensive experience in bartending and nightclub management and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to the hotel, restaurant and resort owners in the United States and internationally.
He has served as an expert witness in trials involving hotels, casinos, resorts and restaurants, for both the plaintiffs and defense counsel. His operational knowledge is helpful in interpreting documents that might seem straightforward to someone who is not familiar with the management of hospitality.
A staffing schedule is one example. It identifies the individuals who were assigned to work. To determine if those assignments were appropriate, you need to know the model of service for the facility as well as its operating conditions.
A stronger case starts with More lucid questions
An early expert review can help attorneys distinguish established facts from ambiguous issues. It could help identify which documents merit requesting or clarifying the terms that is used in depositions.
It is not required to prove that a policy written was adhered to if there are discrepancies.
It is the value of an expert’s report that illustrates these distinctions by using recognized best practices in the industry and evidence. Understanding the business before questioning employees in a hospitality situation can assist lawyers in preparing cases that have a more precise and credible investigation.