A hotel incident report could consist of a few sentences. The report names the guests, describes the incident, names the people who responded, and records when management was notified.
This report may bring up more questions for attorneys than it can provide an answer. Who was the supervisor of the employees involved in this incident? Was surveillance footage preserved? Did the property adhere to its established procedures? Were there earlier interactions that were not recorded in the report?
These questions highlight why it is important to review business records of every day use prior to witness testimony in hospitality litigation.
Begin by reviewing the documents that were created during normal operations.
Companies in the hospitality sector keep records of scheduling, guest service, training, security and management. Even though these documents were not designed to be used in litigation however, they can be useful in the purpose of determining how a place performed during a specific incident.
An expert witness in Hospitality may examine staffing schedules, operating procedures, employee training documents, security logs and surveillance records to comprehend the responsibilities assigned to different employees. For instance, a written policy might have a manager respond to an employee who reports an drunken guest.
The investigation must determine if the manager was in fact working with the manager, whether the report was distributed, and what response the evidence reveals. Instead of inferring that procedures were adhered to or not The goal is to assess how the actual operation were actually carried out.
Restaurant Records require their own Interpretation
The employees are split among the catering, beverage prep customer demands and dining-room management. This is a major challenge for restaurant investigations. An expert witness from the restaurant industry can help clarify how the decisions of employees affect their decisions based on these responsibilities.
Think about an incident in the dining room involving someone who bought alcohol at the bar prior to taking the table. The bar receipt might record the purchase at the beginning, and the transaction records for dining room transactions record later purchases.
The information in those records might not be revealing the server’s knowledge of the prior service. Reviewing the server’s assignments, transactions times notes of management and employee records together can help to clarify the process. A key distinction is that the evidence of alcohol consumption is not automatically evidence that employees were aware of intoxication.
Casino Investigations May require different documents
Casino beverage plans can be very different from those of the typical restaurant. Drinks are free, there are mobile cocktail servers, gaming-floor supervisors, and extensive security operations create additional sources of information.
An expert witness from a casino can look into beverage staffing, security reports and surveillance footage. They can also look over protocols for employee communication. Traditional sales receipts may be insufficient when drinks are provided for free.
In such circumstances an investigation may be heavily based on the surveillance records, employee observations and service records as well as the procedures that are documented for the building. The expert should be able recognize any weaknesses in the evidence, and not just accept an incomplete record.
Conserve the Evidence before It becomes unavailable
Preserving time-sensitive documents is a crucial consideration in the context of litigation which involves hospitality. Some surveillance systems only keep records for a specific period of time. Different departments or systems may save employee calendars, internal communication as well as incidental documentation. Attorneys should identify potentially relevant records in the early stages and take the appropriate steps to preserve them.
The extent of the investigation is contingent on the nature of the accusations. For instance the restaurant might require documents for the dining room or bar. An incident at a resort could require event documentation such as travel arrangements or security communication. The targeted reviews will help you determine which documents are necessary and not assume that every department was involved.
Operations Experience Helps Explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has provided assistance to hotel, restaurant and resort operators throughout the United States.
His expert witness work includes matters that involve hotels, restaurants resorts, casinos, and restaurants for defense and plaintiff counsel. This operational background can be helpful in understanding records that could seem easy to a person who isn’t familiar with hospitality management.
A list of staffing plans, for example identifies the people who were designated to work. Understanding whether those assignments provided appropriate supervision requires knowledge of the property’s service model and operating conditions.
A Stronger Case Begins With Clearer Questions
Early expert review helps attorneys discern between documented and unresolved issues. It may also help identify what documents are worth seeking or clarifying the language that is used in depositions.
It is not required to show that a written policy was adhered to if there are divergences.
Expert analysis in hospitality is helpful when it clarifies these distinctions using relevant evidence and well-known practices. Understanding the operation prior to interviewing employees in a situation can assist lawyers in preparing a case with a more focused and credible examination.