The incident report for a hotel may comprise only a few sentences. The report details the guests, explains what happened, names people who responded, and records the time management was notified.
This report could raise more questions for attorneys than it will be able to be able to. Who was the supervisor of the employees who were involved in this incident? Was surveillance footage preserved? The facility followed its own procedures. Did the property have earlier interactions that weren’t recorded in the report.
These questions show the need to study business records before an individual witness is called to testify in a lawsuit regarding hospitality.
Start by reviewing the documents that were made during normal operations.
The records are maintained by hospitality companies for scheduling guest services, training for staff and security, management and much more. These records weren’t necessarily designed for litigation, but they could be used to prove the operation of the establishment during an incident.
A Hospitality expert witness can examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to learn the responsibilities given to different employees. A written policy could require managers to address employees who report an intoxicated client.
Examining whether or not the manager actually worked in the workplace, whether or not the report had been communicated and the reaction documented by the available evidence should be the primary objective. Instead of assuming that procedures were not followed or not it is important to find out what actually transpired.
Restaurant Records require their own Interpretation
Restaurant investigations can be difficult due to the fact that employees have to divide their time between cooking food serving customers, as well as managing the dining space. A restaurant expert witness can discuss the effects of these responsibilities on decisions made by employees during service.
Take a look at a dining-room situation involving customers who have ordered alcohol at the bar prior to changing tables. The bar receipt may document the purchase made at the bar, while table transaction records could show subsequent orders.
Those records may not reveal what the server knew of the previous service. Examining the server assignments, transaction times, management notes, and employee declarations together will aid in understanding the sequence. An important distinction remains: the evidence of alcohol consumption does not necessarily mean that the employee was aware of their intoxication.
Casino Investigations Might require a different set of records
Casino beverage programs can be very different from those of a typical restaurant. Additional sources of information are free drinks as well as mobile cocktail servers, and gaming-floor supervisors.
An expert witness from a casino can look over the staffing assignments for beverages and surveillance footage and security reports as well as employee communication protocols. The standard sales receipt may not be accurate in the event of complimentary beverages.
In such circumstances an investigation can be heavily based on the surveillance available, employee observations and service records, in addition to the procedures that are documented for the property. The expert must also identify limitations in the evidence rather than relying on an uncomplete document as evidence of an incident.
Be sure to save the evidence before it becomes unavailable
Documents that have to be saved for time is an important concern in the context of litigation related to hospitality. The records from surveillance systems could be saved for a specific duration. The information about employee schedules and internal communication and incident documents are stored by different departments or systems. Attorneys need to identify relevant records and take the necessary steps early.
The nature of the investigation will depend on the nature of the accusations. Restaurant claims may need the bar’s and dining room’s records and a resort-related incident could involve event documentation transport arrangements, as well as security communications. Targeted reviews help identify which records are important and not assume that all departments are involved.
The Paperwork is a Product of Operating 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 he created in 2010. He has provided advice to the resort, restaurant, and hotel operators throughout the United States.
Expert witness testimony in favor of plaintiffs and defendants has covered matters involving casinos, resorts, restaurants, and hotels. His operational knowledge is helpful when it comes to interpreting data that might seem simple to someone not familiar with the management of hospitality.
A staffing schedule, for instance, identifies who was assigned to work. Knowing the model of service as well as operational conditions of a property is essential to know if these assignments provide appropriate supervision.
The ability to clearly state the issue is the initial step to a more convincing argument
A quick review by an expert can help attorneys distinguish documented facts from unresolved issues. It could help uncover additional documents to request, define what the legal terminology is for depositions and identify which decisions of employees require a closer look.
Some discrepancies are not indicative of an operational issue. Not every policy that proves the correct procedure was implemented.
It is the significance of an expert’s report that illustrates these distinctions by using recognized business practices and pertinent evidence. Understanding the procedure prior to conducting an investigation into employees in a hotel case can assist attorneys in preparing the case for a more focused and credible examination.