A hotel incident report might comprise only a few paragraphs. It describes the guest and describes the disturbance, names the responding employees, and records the time management was notified.
The investigation could bring up more than one question to an attorney. Who was supervising the employees involved? Was surveillance footage preserved? The property adhered to its own rules. Did the property experience any prior interactions that were not recorded in the report.
These questions illustrate the reason why hospitality litigation typically requires an examination of ordinary business records before witness testimony begins.
Start With the Documents Created During Normal Operations
Hospitality businesses generate records for training, scheduling and guest service, security and management. Although these records were not intended to be used in court They are helpful for documenting how a facility did during a particular incident.
A hospitality expert witness will review the schedules of staffing as well as operating procedures, employees’ training records, security logs and monitoring recordings to be aware of the responsibilities given to whom. Written policies may demand managers to address the employee who complains about an intoxicated client.
Investigating the incident should determine whether the manager was in charge and if a report was sent, and based on the evidence, what the manager’s response was. Instead of simply assuming that processes were followed or ignored, the goal is to determine what actual actions actually transpired.
Restaurant records require their own Interpretation
The investigation process in restaurants is difficult because restaurant employees are required to split their time between food preparation in the kitchen, serving customers and managing the dining room. A restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Take a look at an incident that occurred in the dining room involving an individual who had purchased drinks at the bar prior to settling into a seat. The bar receipt may document the initial purchase, while the records of dining-room transactions show later orders.
However, these documents may not be able to prove the information that the tableserver had about the previous service. By examining all of the data including the server’s assignments and times of transactions and management notes and employee statements, can help to clarify the process. It is important to recognize distinctions: simply because alcohol was consumed does not mean that employees noticed that they were drunk.
Casino Investigations may require different records
Casinos have beverage programs that differ significantly from standard restaurant service. The additional drinks that are complimentary cocktails, servers serving drinks on the gaming floor and security personnel can provide additional information.
A casino expert witness can examine beverage staffing, security footage, and surveillance videos. They could also examine procedures for employee communication. The traditional sales receipt may not be true when complimentary drinks are involved.
In such a case the investigation could be based more on surveillance, employee observation, service records and documented procedures. The expert must also be able identify any limitations in the evidence, and not accept a partial document.
Conserve the Evidence before It is lost forever.
The preservation of records that are time sensitive is a real concern for litigation involving hospitality. Surveillance systems can keep records for short periods. Different departments or systems could keep employee calendars, internal communication and incidental records. Attorneys must identify any relevant records earlier and take the appropriate steps to safeguard these records.
The necessary scope depends on the accusations. A restaurant case may require documents for the dining room and bar as well as a resort incident could need documentation for the event as well as transportation arrangements and security communications. A specific audit helps determine the records that are pertinent without taking for granted that every department played an important function.
The Paperwork is a Product of the Operational Experience
Preston Rideout is a hospitality veteran with more than twenty years of experience. He has held roles in management, bartending, and beverage operations for several units. Rideout Hospitality Consulting was established in 2010 and has provided recommendations to restaurants, hotels and resort operators throughout the United States.
Expert witness work for him includes matters that involve hotels, restaurants resorts, casinos, and resorts for defense and plaintiff attorneys. This knowledge of operations is beneficial in the interpretation of records that appear straightforward to someone who isn’t familiar with hospitality management.
A staffing plan, for instance, identifies the employees assigned to work. To determine if the assignments were proper you must know the model of service for the building and its operating conditions.
A better case for your argument starts with Simpler Questions
Early expert review will help lawyers distinguish the documents from unresolved issues. It can help determine which documents are worth seeking or clarifying the terms used to describe depositions.
Not all discrepancies are indicative of an operational issue. There isn’t a single policy that proves that the correct procedures were implemented.
It is the importance of an expert’s analysis which demonstrates the distinctions made by utilizing established business practices and pertinent evidence. For attorneys preparing cases involving hospitality, understanding the business prior to questioning its employees can lead to a more focused, credible examination of what actually occurred.