A hotel incident report might be a couple of paragraphs. It contains the name of the guest, the description of the issue as well as the names of the responding staff.
For an attorney, that report may bring more questions than it provides answers. Who was the supervisor of the employees involved in this case? Was surveillance footage preserved? Did the facility follow its established procedures? Did previous interactions occur that weren’t recorded in the report?
These questions show why it is crucial to review business records of every day use prior to witness testimony in litigation involving hospitality.
Begin with the documents that were created during normal operations
The hospitality industry’s businesses maintain records of scheduling, guest service as well as security, training and management. These documents were not necessarily designed for litigation, but they may be used to prove the operation of the establishment during an incident.
A Hospitality expert witness may look over staffing schedules, operational procedures, education files, security logs, and recordings of surveillance to determine the responsibilities assigned to different personnel. For instance the policy could specify that the supervisor must react when an employee is notified of an intoxicated client.
The investigation must determine if the manager was on duty and if the report was shared, and the response was provided by the evidence. The objective is to assess actual operations rather than assume that the written procedure was followed or ignored.
Restaurant Records require their own Interpretation
Restaurant investigations present challenges because employees divide their attention among food service, beverage preparation as well as customer demands and the management of the dining room. A restaurant expert witness is able to clarify the impact of these responsibilities on decisions made by employees during service.
Consider a dining-room incident involving the customer who purchased alcohol at the bar before moving to a table. The bar receipt could document the purchase made at the bar, while table transaction records could document subsequent orders.
But, these records may not be able to determine what the table server knew about the previous service. Looking over server assignments, transaction times notes from management, employee declarations together will assist in determining the order. An important distinction remains: the evidence of alcohol consumption is not automatically evidence that employees were aware of intoxication.
Casino Investigations Might require a different set of records
Casinos offer beverage services that are different from those offered by eateries. Other sources of information include free drinks, mobile cocktail servers and gaming floor supervisors.
A Casino expert witness can review beverage staffing assignments, security footage, surveillance reports as well as the rules governing employee communication. If drinks are offered as a complimentary benefit, traditional sales receipts may be not complete.
In these circumstances the investigation could rely more heavily on available surveillance and employee observation, service records, and the property’s documented procedures. The expert needs to also recognize limitations in the evidence rather than treating an incomplete record as proof of an event.
Make sure you save the evidence prior to when it’s no longer available
One practical concern in the hospitality litigation field is the preservation of time-sensitive records. Records from surveillance systems may be retained for a brief duration. Information regarding employees’ schedules and internal communications as well as incident records could be stored by various departments or systems. Attorneys must locate and secure any relevant records as quickly as they are able.
The scope of the necessary investigation is contingent upon the allegations. A restaurant claim may require documentation for dining and bar areas and a resort-related incident could need documentation for the event, transportation arrangements, and security communications. It is possible to locate relevant records by conducting an investigation that is specific, not having to assume that every department was involved.
Operational Experience Aids in Explaining the Paperwork
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 hotels, restaurants, and resort operators across the United States and internationally.
His expert witness work involves issues involving hotels, restaurants, resorts, and casinos for both defense and plaintiff lawyers. It’s useful to have an understanding of hospitality management in order to understand documents that seem simple for those not familiar with the industry.
A staffing plan is one example. It identifies the employees given the task. Knowing if the assignments offered sufficient supervision requires an understanding of the property’s service model and operating conditions.
To make a more convincing case to build a stronger case, ask more questions
An early expert review can help attorneys distinguish between documented and unresolved problems. It can help determine which documents are worth seeking or clarifying the terms that is used in depositions.
It is not required to show that a written policy was followed in the event of divergences.
A professional analysis of hospitality is helpful when it explains these distinctions using relevant evidence and industry-recognized practices. Attorneys preparing for a lawsuit can benefit from a thorough understanding of the operations and their employees before interviewing them. This will allow an in-depth examination of what happened.