The incident report for a hotel may comprise only a few sentences. The report will contain the name of the guest, the description of the incident and the names of the staff members who responded.
The report is likely to raise more questions for attorneys than it is able to provide an answer. Who was the supervisor of the employees who were involved in this particular case? Was surveillance footage preserved? Did the property adhere to its established guidelines? Did you have any previous interactions that weren’t reported?
These questions illustrate the need to study business records before witness testimony in a lawsuit involving hospitality.
Begin by reviewing the documents that were produced during normal operation
The hospitality industry’s businesses keep records of guest service, scheduling guest service as well as security, training and management. While these records were not created for use in litigation however, they can be useful in understanding how a business performed during a specific incident.
A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to understand the responsibilities assigned to different personnel. For instance an established policy could require a manager to respond to an employee’s report of an drunken guest.
The investigation should establish whether the manager was actually working, whether the report was shared, and the response was provided by the evidence. Instead of inferring that procedures were followed or ignored The goal is to evaluate how actual operations actually occurred.
There is the need for a different understanding of the restaurant’s record.
The employees are split into the food service, beverage preparation customer demands and dining-room management. This creates a challenge for investigation into restaurant operations. A qualified witness in the restaurant industry will be able to show how decisions made by employees affect their decisions based on these responsibilities.
Imagine an incident in a dining room, involving a patron who purchased alcohol at the bar prior to settling into a table. The bar receipt could record the order at first, while records for dining rooms will reflect the orders that were later placed.
But, these records might not prove the knowledge of the tableserver about the earlier service. Examining server assignments, transaction time, management notes, and employee declarations together will assist in determining the order. It is crucial to note an important distinction: just because alcohol was purchased doesn’t mean the staff was intoxicated.
Casino Investigations may require different documents
Casinos have beverage programs that differ significantly from standard restaurant service. The addition of complimentary drinks cocktails, servers serving drinks at the casino floor and security personnel are all sources of additional information.
An expert witness from a casino can review the beverage staffing arrangements, security reports, surveillance footage and the procedures that govern employee communications. If beverages are offered in a free service, the receipts from sales traditionally are not complete.
In such circumstances an investigation may depend heavily on surveillance evidence, observations of employees and service records, in addition to the documented procedures of the facility. The expert must also identify any weaknesses in the evidence, rather than treating an incomplete record as proof of a specific event.
Conserve the Evidence before It Does Not Remain Available
The preservation of documents that are time sensitive is a practical concern for litigation involving hospitality. Surveillance systems may retain recordings for short periods. The information about employee schedules and internal communication along with incident-related documentation may be kept by different departments or systems. Attorneys must identify any relevant records in the early stages and take appropriate steps to safeguard these records.
The required scope is determined by the facts. For example restaurants may require the records of its dining room and bar. An incident at a resort could require event documentation as well as travel arrangements, or security communications. Specific reviews can help determine which records are important and not assume that all departments were involved.
It is easier to understand the paperwork when you have operational experience
Preston Rideout, a hospitality professional since 1996, has extensive experience in the management of nightclubs and bartending and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to hotel, restaurant, and resort operators throughout the United States and internationally.
Expert witness testimony for both plaintiffs and defendants has covered issues involving resorts, casinos, restaurants, and hotels. It’s helpful to have an understanding of hospitality management to interpret documents that seem straightforward to those who aren’t familiar with the business.
Staffing plans, for instance you can identify the person who was given the task. Knowing the service model and the operational environment of a building is crucial to establish if these assignments offer adequate supervision.
A more convincing case begins with Clarer Questions
Early expert review assists attorneys differentiate between unresolved and documented problems. It may identify additional records to request, define how depositions are conducted, and determine which employee actions require closer examination.
It is not required to show that a written policy was followed when there are divergences.
The value of expert analysis is in demonstrating those distinctions through relevant evidence and industry-wide practices that are well-known. Understanding the business before questioning employees in a hospitality case can help attorneys prepare the case for a more precise and credible investigation.