An incident report for hotels could be just several paragraphs. It identifies the guest who caused the disturbance and identifies the staff who responded and also records the time management was notified.
The report may raise more than one question for an attorney. Who was in charge of supervising the employees involved? Was surveillance footage preserved? Did the facility follow its procedures? Did the property have previous interactions that weren’t included in the report.
These questions demonstrate the reason why it’s often necessary to examine business records before an individual witness is called to testify in a lawsuit involving hospitality.
Begin with the Documents that were created during normal operations
The records are maintained by hospitality businesses to plan, guest services, training for staff and security, management and more. Although these records weren’t created to be used in litigation, they are useful for understanding how a business performed during a specific incident.
An expert witness in hospitality will examine the staffing schedules and operating procedures as well as employees’ training records, security logs and monitoring recordings in order to better understand what responsibilities are attributable to different employees. A written policy could require the manager to respond to an employee who reports an intoxicated client.
The investigation must determine if the manager was on duty on the report, if it was distributed, and what response was provided by the evidence. It is far more crucial to evaluate the actual operation than to assume that the written instructions were followed or not observed.
The interpretation of restaurant records can be different
Restaurant investigations can be challenging as employees split their attention between the preparation of beverages, food service the customer’s requests and the management of dining rooms. An expert witness for Restaurants can provide an explanation of how these responsibilities influence the decisions that employees make in service.
Imagine a situation in which a client ordered alcohol at the bar, and later moved to an area at a table. The bar receipt can be evidence of the purchase made at the bar, while dining room transaction records may reveal subsequent purchases.
But, these records might not confirm what the tableserver knew about the previous service. Looking at all the data together, such as server assignments and transaction times and management notes and employee statement will help clarify the process. It is important to recognize an important distinction: the fact that alcohol was purchased doesn’t mean the employees noticed that they were drunk.
Casino Investigations may require different records
Casinos have drink programs that differ from the ones offered by restaurants. Free drinks, mobile cocktail servers, gaming-floor supervisors, and extensive security operations create other sources of information.
A Casino expert witness can look over beverage staffing assignments surveillance footage, security reports and employee communication. If the beverages are offered as a complimentary service traditional sales receipts can be not complete.
In these circumstances, the investigation could rely more on surveillance, employee observation, service records and documented procedures. Experts must identify the limitations of evidence, rather than relying on insufficient data as evidence.
Be sure to save the evidence before it becomes unavailable
Documents that have to be saved for time is an important concern when it comes to lawsuits which involves hospitality. Recordings from surveillance systems can be retained for a brief period of time. The information about employee schedules, internal communications and other information as well as incident records could be stored by various departments or by different systems. Attorneys must locate and secure the records that may be pertinent as soon as possible.
The scope of the investigation varies on the type of allegations. A restaurant claim may require the bar’s and dining room’s records as well as a resort incident could involve event documentation, transportation arrangements, and security communications. Specific reviews can help determine what records are essential and not assume that every department was involved.
The paperwork is the result of Operating Experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010 he has advised the hotel, restaurant and resort owners in the United States and internationally.
Expert witness testimony for plaintiffs and defendants has encompassed matters involving casinos, resorts and restaurants as well as hotels. This operational background can be helpful when interpreting records that may seem simple to someone not familiar with the management of hospitality.
A schedule of staffing is a good example. It lists those who were given the task of working. Knowing the service model and operational conditions of a property is necessary to determine whether these assignments provide appropriate supervision.
Clarity in the questions is the first step towards a more convincing argument
An early expert review can assist attorneys in separating documented facts from unresolved issues. It can help determine which records merit requesting as well as define the terms that is used in depositions.
There are many instances of an operational issue, and not every written policy demonstrates that the proper procedures were observed.
It is the importance of an expert’s assessment that shows these distinctions by using recognized business practices and pertinent evidence. Attorneys preparing for a lawsuit can benefit from understanding the company and its employees before interviewing them. This allows for an unbiased review of the events that occurred.
