A hotel incident report may contain only a few paragraphs. The report identifies the guest who caused the disturbance and identifies the staff who responded and records the date management was notified.
As an attorney, that report can bring more questions than it answers. Who was responsible for supervising these employees? Was surveillance footage preserved? Was the property in compliance with the rules? Did you have any previous interactions that weren’t recorded?
These questions highlight why it is important to look over business records prior to testimony of witnesses in hospitality litigation.
Begin With the Documents Produced in Normal Operation
Businesses that operate in the hospitality industry create records to schedule, train, guest service, security and management. Although these documents weren’t necessarily made to aid in legal proceedings, they may help identify how a place operated during a particular 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. As an example, an official policy might stipulate that the manager should respond to an employee who is notified of an intoxicated client.
The investigation should determine if the manager was in fact working, whether the report was communicated, and what responses were provided in the evidence. Instead of assuming that procedures were observed or not it is important to determine what actual actions actually took place.
There is an need for a distinct understanding of the restaurant’s record.
The employees are split into the catering, beverage prep as well as dining-room management. This is a major challenge for restaurant investigations. A Restaurant expert witness can explain how these responsibilities influence the decisions that employees take during service.
Take a look at an incident that occurred in a dining room, involving a patron who purchased drinks at the bar prior to taking a seat. The bar receipt may be proof of the initial purchase, while the records of dining-room transactions will show subsequent orders.
The information in those records might not be revealing what the server was aware of about the previous service. Looking over server assignments, transaction times, management notes, and employee records together can aid in understanding the sequence. It is important to distinguish when it comes to alcohol: the fact that it was sold does not necessarily indicate that employees were aware of the presence of alcohol.
Casino Investigations Can Require Different Records
Casinos operate beverage programs which differ from conventional restaurant service. Other sources of information are free drinks cocktails, mobile servers for drinks and gaming floor supervisors.
A casino expert witness can analyze beverage staffing and surveillance footage and security reports. They may also review procedures for employee communication. The standard sales receipt may not be valid when complimentary beverages are involved.
In these situations an investigation can depend on surveillance, employee observation and service records, in addition to the procedures documented by the building. The expert must also identify weaknesses in the evidence, rather than relying on an uncomplete document as evidence of a particular event.
Make sure you keep the evidence until it’s no more available
Preserving time-sensitive documents is a significant concern when it comes to litigation related to hospitality. The records from surveillance systems could be retained for a brief time. Different departments or systems may archive employee calendars, internal communication and incidental records. Attorneys should be able to spot potentially relevant records early and take the necessary steps to secure the records.
The extent of the investigation is contingent on the nature of the allegations. The scope of the investigation will depend on the accusations. A targeted review helps establish what records are important without having to assume that all departments played an important role.
Operational Experience helps explain the Paperwork
Preston Rideout is a hospitality veteran with more than twenty years of experience. He has held roles in management, bartending, and beverages operations in a variety of businesses. Through Rideout Hospitality Consulting, established in 2010 he has advised the hotel, restaurant and resort operators across the United States and internationally.
Expert witness testimony for plaintiffs and defendants has covered issues involving resorts, casinos or restaurants, as well as hotels. The operational background is useful in interpreting records which may seem straightforward to someone who is not experienced in hospitality management.
Staffing schedules, for example determine who was assigned to work. To determine whether the assignments were proper, you need to know what the service model is of the facility and its operational conditions.
To create a stronger argument and build a stronger case, you must ask better questions.
An early review by an expert can help attorneys to distinguish between documents and unresolved issues. It can identify records that are worthy of requesting and help clarify the operational terminology used in depositions.
There are many instances of an operational failure, and not every document proves that the appropriate procedures were followed.
Expert analysis in hospitality is beneficial when it can explain the differences using evidence and recognized practices. In the case of attorneys who are working on a hospitality case, understanding the operation before questioning its employees can lead to clearer, more accurate investigation of what actually happened.
