HOSPITALITY EXPERT WITNESS: TESTIMONY, TESTIFYING CONSULTANTS & REPORTS

Hospitality expert witnesses give testimony in legal proceedings related to the hotel and restaurant industries. Input helps courts and juries understand challenging issues specific to management, marketing and operations. We examine areas in which top hospitality expert witnesses frequently provide opinions.

1. Safety and Security Protocols

Among the most critical areas of focus for consultants are safety and security protocols. Leading hospitality expert witnesses look at whether a property adhered to industry standards and best practices in protecting guests and staff. It can include evaluating:

• Implementation of proper lighting in parking lots and common areas
• Effectiveness of security personnel training and deployment
• Adequacy of room locking systems and key control procedures
• Compliance with fire safety regulations and emergency evacuation plans

For hospitality expert witnesses in cases involving guest injuries or criminal incidents on the property, the consultant’s opinion on these matters can be pivotal in determining liability.

2. Food Safety and Sanitation

When it comes to restaurants and hotel food service operations, providers opine on food safety and sanitation practices. Noted hospitality expert witnesses evaluate:

• Compliance with local health codes and regulations
• Implementation of HACCP (Hazard Analysis Critical Control Points) systems
• Staff training on proper food handling and storage procedures
• Cleanliness and maintenance of kitchen facilities

In cases of foodborne illness outbreaks or health code violations, the hospitality expert witness provider’s assessment can help determine if the establishment met its duty of care.

3. Standard of Care and Industry Practices

Advisors frequently testify about the expected standard of care in the industry. It involves assessing whether a property’s practices align with those of similarly situated establishments. Topics for hospitality expert witnesses include:

• Guest service protocols and responsiveness to complaints
• Maintenance schedules and procedures for rooms and public areas
• Staffing levels and employee training programs
• Marketing and advertising practices, including rate parity and overbooking policies

Opinions help the court understand what constitutes reasonable and customary practices in the industry.

4. Compliance with Accessibility Laws

With the increasing focus on inclusivity, hospitality expert witnesses opine on a property’s compliance with accessibility laws such as the Americans with Disabilities Act (ADA) and evaluate:

• Accessibility of guest rooms, public spaces, and amenities
• Provision of reasonable accommodations for guests with disabilities
• Staff training on assisting guests with special needs
• Website and reservation system accessibility

Expertise helps determine if a property has made appropriate efforts to accommodate all guests.

5. Financial Performance and Damages

In cases involving contract disputes, franchise agreements, or business interruption claims, hospitality expert witnesses provide opinions on financial matters such as:

• Revenue projections and market share analysis
• Valuation of hospitality assets
• Impact of external factors (e.g., economic downturns, natural disasters) on performance
• Reasonableness of management fees and franchise agreements

Analysis can be crucial in quantifying damages or assessing the financial implications of various business decisions.

Providing informed opinions on these and other topics, hospitality expert witnesses help ensure fair and informed legal outcomes.