An incident report for an establishment could be only short, perhaps a couple of paragraphs. It identifies the guest who caused the disturbance that occurred, names the respondent employees and records the date the management was informed.
An attorney’s report can cause more questions than it provides answers. Who was the supervisor of the employees who were involved in this case? Was surveillance footage preserved? Did the property adhere to its standard procedures? Did the property have previous interactions not included in the report.
These questions highlight the reason why hospitality litigation typically calls for an examination of regular business records before witness testimony begins.
Begin by looking over the documents that were produced during normal operation
Businesses that operate in the hospitality industry create records for scheduling, training guests, guest service, security, and management. While these records were not intended for use in litigation, they are useful for understanding how a business was able to perform during an incident.
An expert witness in hospitality may examine staffing schedules, and operating procedures as well as employee training files as well as security logs, and recordings from surveillance cameras to determine the duties that are assigned to each employee. For instance, an official policy might stipulate that the manager should react when an employee reports an intoxicated client.
Investigating whether or if the manager actually was working, whether or not the report was communicated, and the responses evident from the evidence available is the objective. Instead of concluding that the procedures were followed or ignored The goal is to assess how the actual operation actually transpired.
There is the need for a different interpretation of the restaurant’s records.
Restaurant investigations can be difficult because restaurant employees are required to split their time between food preparation in the kitchen, serving customers and managing the dining space. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a situation in which the customer ordered drinks at the bar, and later transferred to the table. The bar receipt will record the order at first, and the records from the dining room will record the subsequent orders.
These records might not show what the server knew of the prior service. The combination of server assignments and transaction times, as well as management notes, and employee declarations could help in determining the sequence. It is crucial to note an important distinction: just because alcohol was bought doesn’t mean staff noticed intoxication.
Casino Investigations may require different records
Casinos offer beverage services that differ significantly from the standard restaurant service. Additional sources of information are free drinks, mobile cocktail servers and gaming-floor supervisors.
A Casino expert witness could review beverage staffing assignments, security reports, surveillance footage as well as the rules governing employee communications. Traditional sales receipts can be insufficient when drinks are offered for free.
In these circumstances an investigation can rely on surveillance, employee observation service records, and other documented procedures. Experts must recognize the weaknesses of evidence instead of accepting insufficient records as proof.
Keep the evidence in place until it’s no longer available
The preservation of records that are time sensitive is an issue for the litigation of hospitality. Recordings from surveillance systems can be saved for a specific duration. Employee schedules, internal communications, and incident documentation may be kept in different departments or in different systems. Attorneys should identify potentially relevant records early and take the necessary steps to secure them.
The scope of the necessary investigation is contingent upon the nature of the claims. A restaurant complaint may require bar and dining-room records, while a resort incident could require documentation of the event transport arrangements, as well as security communications. A targeted review can identify what records are essential without presuming that every department was involved.
Operations Experience Helps Explain the Paperwork
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held positions in management, bartending, as well as beverages operations in a variety of divisions. Rideout Hospitality Consulting is a company he founded in the year 2010. He has provided advice to restaurant, resort, and hotel operators throughout the United States.
Expert witness testimony for plaintiffs and defendants has covered matters that involved resorts, casinos, restaurants, and hotels. It’s beneficial to have an understanding of hospitality management in order to understand documents that seem straightforward to those who aren’t familiar with the industry.
A staffing schedule is one example. It identifies the individuals who were assigned to work. The service model and operational conditions of a property is essential to know if these assignments will provide the appropriate supervision.
A stronger case starts with Simpler Questions
A quick review by an expert will aid attorneys in distinguishing between documented facts and unresolved questions. It can help determine which records are worthy of requesting and help clarify the terminology employed in depositions.
It is not required to prove that a policy written was adhered to if there are divergences.
The analysis of a professional in the field of hospitality is useful in demonstrating the distinctions with relevant evidence and practices that are widely accepted by the industry. Understanding the business before conducting an investigation into employees in a hotel situation can assist lawyers in preparing an argument that is an unbiased and trustworthy examination.