A report of an incident at hotels could be just short, perhaps a couple of paragraphs. It includes the name of the guest, the description of the issue as well as the names of the personnel who attended to the incident.
The report may raise multiple questions for an attorney. Who was the supervisor of the employees who were involved in this particular case? Was surveillance footage preserved? Did the property follow its procedures? Are there any earlier interactions that weren’t recorded?
These questions illustrate the reasons why it is sometimes necessary to examine business records before an individual witness is called to testify in a lawsuit involving hospitality.
Start by looking through the documents that were produced during normal operation
Hospitality businesses generate records for training, scheduling and guest service, security and management. These documents were not necessarily made for litigation but they may be used to determine how the hotel operated in an 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. A written policy might require that the manager take action to any employee who has reported an intoxicated client.
In the course of investigating the incident, it is important to determine if the manager worked on the incident, if the complaint was made, and based on the evidence, what the reaction was. Instead of inferring that procedures were not followed or not The goal is to evaluate how actual operations actually took place.
The way to interpret restaurant records is different
Restaurant investigations are challenging because employees split their attention between the preparation of beverages, food service the customer’s requests and managing the dining area. An expert witness from a restaurant can clarify the impact of these roles on the choices taken by employees while they serve.
Consider a dining-room incident involving an individual who had ordered drinks at the bar prior to changing tables. The bar receipt might document the initial purchase, while the dining-room transaction records will show subsequent orders.
But, these records might not confirm the information that the tableserver had about the earlier service. Reexamining server assignments, transaction times notes of management and employee communications together could help to clarify the process. It is important to recognize the distinction that the fact that alcohol was purchased does not mean that the staff noticed intoxication.
Casino Investigations may require different records
Casinos run beverage programs that can differ substantially from the standard restaurant service. The inclusion of complimentary drinks as well as cocktail servers at the casino floor and security personnel are all sources of additional information.
A casino expert witness may examine beverage staffing, security footage and surveillance. They can also look over procedures for employee communication. If the beverages are offered as a complimentary service, the traditional receipts for sales can be insufficient.
In this case the investigation may rely more on surveillance, employees’ observation, service records and documented procedures. The expert should also be able to identify weaknesses in the evidence, rather than relying on an uncomplete document as evidence of an event.
Conserve the Evidence before It is lost forever.
The preservation of documents that are time sensitive is a significant concern when it comes to lawsuits which involves hospitality. Surveillance systems could keep recordings for short periods. Different departments or systems may save employee calendars, internal communication and incidental documents. Attorneys should identify and save the records that may be pertinent as soon as is possible.
It is contingent on the type of claim. Restaurant claims may need bar and dining-room records and a resort-related incident could need documentation for the event as well as transportation arrangements and security communications. You can determine relevant documents by performing an in-depth review without having to assume that every department was involved.
The paperwork is the result of Operational Experience
Preston Rideout has worked in hospitality since 1996. He has prior experience in bartending, nightclub management, as well as multi-unit drinks operations. Rideout Hospitality Consulting is a company that he established in the year 2010. He has advised the resort, restaurant and hotel owners across the United States.
He has been an expert witness in trials involving hotels, casinos, resorts and restaurants, for both the defense and plaintiffs. His operational knowledge is helpful in the interpretation of records that seem straightforward to someone who is not familiar with the management of hospitality.
A staffing plan, for instance, identifies the employees given the task. To determine if those assignments were appropriate it is necessary to understand the structure of the facility and its operational conditions.
To make a more convincing case and build a stronger case, you must ask better questions.
A quick review by an expert will help lawyers distinguish the evidence-based facts from issues that remain unresolved. It can help determine which records should be requested and also clarify the operational terminology that is used in depositions.
The reason for discrepancies is not always because of a failure in operation. Not every procedure that proves that the right procedure was adhered to.
It is important to have an expert’s analysis which demonstrates these distinctions using accepted practice in the field and supporting evidence. Attorneys preparing for a hospitality lawsuit could benefit from understanding the company and its employees before conducting an interview with them. This will permit an in-depth analysis of what transpired.