An incident report for the hotel could only be a few paragraphs long. It identifies the guest and describes the disturbance and identifies the staff who responded, and records the time the management was informed.
This report could raise more questions for attorneys than it will be able to be able to. Who was the person who was supervising employees who were involved? Was surveillance footage preserved? The property followed its own procedures. Was the property involved in earlier interactions that weren’t included in the report.
These questions highlight why litigation involving hospitality often necessitates an examination of standard business records before testimony of witnesses begins.
Start With the Documents Created During Normal Operations
Records are kept by hospitality firms to record scheduling, staff training, guest services and security management and more. These documents were not necessarily designed for litigation, but they could be used to prove how the facility operated during an 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. For instance an established policy could oblige a manager to take action when an employee reports an intoxicated guest.
The investigation into whether or not the manager actually was working and whether or not the report had been communicated and the response documented by the available evidence is the objective. The aim is to determine the actual operation rather than assuming that written guidelines were observed or not.
There is an need for a distinct interpretation of the restaurant records
Investigations in restaurants are difficult due to the fact that employees have to divide their time between food preparation, serving customers, and overseeing the dining room. An expert witness from the restaurant industry will be able to clarify how the decisions of employees are influenced by their responsibilities.
Imagine a scenario in which someone ordered alcohol from the bar and was transferred to tables. The bar receipt might prove the initial purchase and the transaction records for dining room transactions show later orders.
However, these records may not provide proof of the information that the tableserver had about the previous service. The combination of server assignments and transaction times, as well as management notes and employee statements could help in determining the sequence. A distinction must be made that the fact that alcohol was available for sale doesn’t necessarily mean that staff members recognized intoxication.
Casino Investigations Can Require Different Records
The beverage offerings at casinos can be distinct from those at the traditional restaurant. Additional sources of information include complimentary drinks cocktails, mobile servers for drinks and gaming floor supervisors.
An expert witness at a casino can review the assignment of staff to drink along with surveillance footage, security reports and employee communication protocols. Traditional sales receipts may be insufficient when drinks are provided for free.
In these situations, the investigation could rely more on surveillance, employees’ observation as well as service records and documented procedures. The expert must be able to spot any flaws in the evidence, and not simply accept a faulty document.
Make sure you save the evidence prior to when it is no longer available
A major concern in litigation involving hospitality is the preservation of time sensitive records. Surveillance systems might keep records for a limited time. Schedules of employees, internal communications as well as incident-related documentation could be stored in different departments or in different systems. Attorneys must identify any relevant records in the early stages and take the necessary steps to safeguard the records.
The extent of the investigation is contingent on the type of accusations. A restaurant claim may require documentation for dining and bar areas for instance, while a resort event could need documentation for the event along with transportation arrangements, and security communications. A targeted review can identify which documents are necessary and not assume that every department was involved.
It is easier to understand the paperwork with operational experience
Preston Rideout, a hospitality professional since 1996, is experienced in bartending and nightclub management in addition to multi-unit drink operations. Rideout Hospitality Consulting is a business he started in 2010. He has provided advice to restaurants, resorts and hotel operators across the United States.
He has served as an expert witness in cases involving hotels, casinos, resorts and restaurants for both attorneys representing defense and plaintiffs. This operational background can be helpful in interpreting documents that might seem straightforward to someone who is not familiar with hospitality management.
Staffing schedules, like determine who was assigned to work. Understanding the model of service and the operational environment of a building is vital to determine if these assignments offer adequate supervision.
A Stronger Case Begins With Clarer Questions
Early review by experts helps attorneys differentiate documented facts from unresolved issues. It can identify records that are worth requesting and define the terms used in depositions.
There are many instances of an operational flaw and not every document proves that the appropriate procedures were adhered to.
The analysis of a professional in the field of hospitality is helpful when it can explain the distinctions with relevant evidence and practices that are widely accepted by the industry. Attorneys preparing for a lawsuit can benefit from understanding the operations and their employees prior to interviewing them. This will permit a more focused review of the events that occurred.