The incident report for a hotel may only contain a few sentences. The report names the guests, describes the disturbance, names the staff who responded and also records when the management was informed.
For attorneys, this report could be more complicated than it answers. Who was the manager of the employees that were implicated in this incident? Was surveillance footage preserved? Was the property in compliance with the rules? There were earlier interactions which were not reflected in the reports?
These questions highlight why litigation involving hospitality often necessitates an examination of standard business records prior to when witness testimony commences.
Begin with the Documents that were created in Normal Operation
Businesses that operate in the hospitality industry create records to schedule, train, guest service, security, and management. While these records weren’t designed to be used in legal proceedings, they may help determine the way a property operated during a particular incident.
A Hospitality expert witness could study staffing plans, operating procedures, employee training documents, security logs and surveillance recordings to learn the responsibilities assigned to different employees. For instance an example, a policy that is official may state that the manager must react when an employee reports an intoxicated client.
The investigation should establish whether the manager was actually working on the report, if it was distributed, and what response was provided by the evidence. The aim is to determine the actual operation rather than assuming that the procedures written down were implemented or not.
The interpretation of restaurant records may be different
The employees are split between the food service, beverage prep, customer requests and dining-room management. This poses a challenge for restaurant investigations. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Consider a dining-room incident involving a customer who ordered alcohol at a bar before making the move to a table. The bar receipt could document the initial purchase, while the dining-room transaction records show later orders.
However, those records might not establish the information that the table server had about the previous service. Reviewing the server’s assignments, transactions times notes from management, employee records together can aid in understanding the sequence. A distinction must be made: the fact that alcohol was sold doesn’t automatically indicate that employees have been able to detect intoxication.
Casino Investigations can require different forms of documentation
Casinos run beverage programs which differ from standard restaurant service. Other sources of information include complimentary drinks serving mobile cocktails, mobile cocktail servers as well as gaming floor supervisors.
A certified witness from a casino can review the assignment of staff to drink as well as surveillance video, security reports and employee communication protocols. The standard sales receipt may not be valid when complimentary beverages are involved.
In such a case the investigation might rely more heavily on surveillance records or employee reports, service documents, and the process of the property’s documents. The expert must also be able identify any shortcomings in the evidence, and not be content with an insufficient report.
Save the Evidence Prior to It Does Not Remain Available
Preserving time-sensitive documents is a crucial consideration in the context of litigation related to hospitality. The records from surveillance systems could be kept for a limited period of time. Different departments or systems can store employee calendars, internal communications and incidental records. Attorneys must identify pertinent documents and take appropriate steps in the early stages.
The appropriate scope will depend on the nature of the claims. A restaurant claim may require bar and dining-room records and a resort-related incident could involve event documentation along with transportation arrangements, and security communications. The targeted reviews will help you determine which documents are necessary and not assume that every department is involved.
The process of preparing paperwork is simpler with experience from the operational side.
Preston Rideout is a hospitality veteran with over twenty years of experience. He has held various positions in bartending, management and beverage operations for multiple companies. 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 matters involving restaurants, hotels resorts, casinos and hotels for both defense and plaintiff lawyers. This operational background can be useful in interpreting records which might seem simple to someone who isn’t familiar with hospitality management.
A schedule of staffing, for example identifies those who were given the task of working. Being aware of whether the assignments provide the proper supervision requires understanding of the model of service for the property and operational conditions.
A more convincing case begins with Clarer Questions
Early review by experts will help lawyers distinguish the established facts from ambiguous issues. It can help identify other records to request, define the terms used in depositions and determine which employee actions require more scrutiny.
There are many instances of an operational issue however, not every written policy demonstrates that the proper procedures were observed.
The analysis of a professional in the field of hospitality is useful when it explains the differences using evidence and industry-recognized practices. Attorneys who are preparing for a hospitality lawsuit can benefit from understanding the company and its employees before interviewing them. This will enable an in-depth examination of what happened.
