A report of an incident at the hotel could only be several paragraphs. It describes the guest and describes the disturbance and names the employees who responded, and records the time the management was informed.
This report may raise more questions for an attorney than it is able to solve. Who was in charge of supervising these employees? Was surveillance footage preserved? The facility adhered to its own rules. Are there any interactions that occurred prior to the property which were not documented?
These questions highlight why litigation involving hospitality often demands an examination of normal business records before testimony of witnesses commences.
Begin by examining the documents made in normal operation
Businesses that operate in the hospitality industry create records to schedule, train and guest service, security, and management. They are not made for litigation but they may be used to establish how the property operated during an incident.
An expert witness in hospitality may examine staffing schedules, and operating procedures as also employee training records, logs of security, and footage from surveillance cameras to determine the roles that are assigned to each individual. As an example, an official policy might say that the manager has to respond to an employee who informs them of an intoxicated client.
The investigation should establish whether the manager was in charge and if a report was submitted, and, in light of the evidence, what was the response. Instead of inferring that procedures were followed or ignored, the goal is to assess how the actual operation actually transpired.
There is a need for an independent analysis of the restaurant’s registers
Restaurant investigations pose challenges since employees have to divide their time between food service, beverage preparation customers’ requests, the management of dining rooms. An expert witness from the restaurant can discuss how these responsibilities affect the decisions employees take during service.
Imagine a scenario in which the client purchased alcohol from the bar and then moved to the table. The bar receipt could prove the initial purchase while the dining-room transaction records indicate later purchases.
However, these records might not establish what the table server knew about the prior service. Looking over the server’s assignments, transactions times, management notes, and employee records together can help to clarify the process. It is important to make the distinction that simply because alcohol was consumed doesn’t mean the employees noticed that they were drunk.
Casino Investigations might require other records
Casinos offer beverage services that differ significantly from the standard restaurant service. Other sources of information are free drinks, mobile cocktail servers and gaming floor supervisors.
A Casino expert witness could look over beverage staffing assignments surveillance footage, security reports as well as the rules governing employee communication. When beverages are provided as a complimentary service, the receipts from sales traditionally are incomplete.
In such circumstances, an investigation might depend on surveillance records, employee observations and service records, in addition to the documented procedures of the property. The expert should also be able to identify weaknesses in the evidence, instead of relying on an insufficient document as evidence of an event.
Be sure to save the evidence before it’s unavailable
One issue that can arise in litigation involving hospitality is the preservation of time-sensitive records. Surveillance systems can keep records for short periods. Different departments or systems may keep employee schedules, internal communication as well as incidental documentation. Attorneys need to identify relevant documents and implement the appropriate measures early.
It’s all about the nature of the claim. The extent of the investigation will depend on the accusations. A targeted review can identify which records are important without making assumptions that all departments were involved.
The process of preparing paperwork is simpler with operational 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 restaurant, hotel, and resort operators throughout the United States and internationally.
His expert witness work involves matters involving restaurants, hotels resorts, casinos, and restaurants for defense and plaintiff counsel. This knowledge of operations is beneficial in the interpretation of records that might seem simple to someone who isn’t familiar with hospitality management.
Staffing schedules, such as, identify who has been assigned to work. Knowing if the assignments offered adequate supervision is dependent on knowing the property’s service model and operating conditions.
Clarity in the questions is the first step to a more convincing argument
An early expert review can help attorneys identify unresolved and documented issues. It will help identify documents that should be requested and also define the terms employed in depositions.
Not every discrepancy demonstrates an operational flaw however, not every document proves that the appropriate procedures were adhered to.
The value of hospitality experts is that they can explain these distinctions using relevant evidence and industry-wide practices that are well-known. Understanding the business before interviewing employees in a case can assist attorneys in preparing a case with a more precise and reliable examination.