The hotel incident report may just be a few paragraphs. The report lists the guests, explains what happened, names people who responded, and also records when the management was informed.
This report may raise more questions for attorneys than it can solve. Who was in charge of supervising these employees? Was surveillance footage preserved? Did the facility follow its rules? Did the property experience any prior interactions that weren’t included in the report.
These questions illustrate the reasons why it is sometimes necessary to study business records before a witness testifies in a lawsuit involving hospitality.
Begin by looking over the documents that were created in normal operations
The hospitality industry’s businesses keep records of scheduling, guest service as well as security, training and management. These documents were not necessarily created for court proceedings, but they can be used to document how the property 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 the written policy may call for a supervisor to act to an employee who reports an drunken guest.
Examining whether or not the manager actually was working and whether or not the report was distributed and what response is documented by the available evidence is the objective. The goal is to evaluate the actual operation rather than assuming that written procedures were either observed or not.
The interpretation of restaurant records is different
Investigations in restaurants are difficult due to the fact that employees have to divide their time between cooking food serving customers, as well as overseeing the dining room. An expert witness from the restaurant industry could help demonstrate how decisions made by employees are influenced by their responsibilities.
Imagine a dining room incident that involved customers who have ordered alcohol at the bar prior to moving to a table. The bar receipt will confirm the initial order while dining-room records will show the later orders.
These records might not show what the server’s information was about the prior service. Reexamining server assignments, transaction times, management notes, and employee declarations together will help to clarify the process. The key difference is: the evidence of alcohol consumption is not automatically evidence that the employee was aware of their intoxication.
Casino Investigations May Require Different Records
Casinos offer beverage services that differ significantly from the standard restaurant service. The additional drinks that are complimentary and cocktail servers on the gaming floor and security personnel can provide additional information.
A certified witness from a casino can review the beverage staffing assignments as well as surveillance video and security reports as well as employees’ communication methods. If beverages are offered as a complimentary service the traditional receipts for sales can be incomplete.
In such circumstances, an investigation might be heavily based on the surveillance, employee observation and service records, as well as the procedures documented by the property. The expert also needs to recognize shortcomings in the evidence rather than relying on an uncomplete document as evidence of a particular event.
Make sure you save the evidence prior to when it becomes unavailable
The preservation of documents that are sensitive is a real concern for the litigation of hospitality. Surveillance systems could keep recordings for a limited time. Different systems or departments may save employee schedules, internal communications and incidental records. Attorneys must identify pertinent records and take the appropriate measures early.
The necessary scope depends on the nature of the claims. A restaurant complaint may require bar and dining-room records, while a resort incident could require documentation of the event, transportation arrangements, and security communications. Specific reviews can help determine the records that are crucial without presuming that every department was involved.
It is easier to understand the paperwork with operational experience
Preston Rideout, a hospitality professional since 1996, has experience in bartending and nightclub management as well as multi-unit drinks operations. Rideout Hospitality Consulting was established in 2010 and has been providing advice to restaurant, hotel and resort operators throughout the United States.
His work as an expert witness includes matters that involve hotels, restaurants resorts, casinos, and restaurants for plaintiff and defense counsel. This operational background can be helpful in understanding records that could seem easy to a person who isn’t familiar with hospitality management.
Staffing schedules, such as you can identify the person who was assigned to work. The service model and operating conditions of the property is necessary to determine whether these assignments will provide the appropriate supervision.
To create a stronger argument and build a stronger case, you must ask better questions.
An early expert review can help attorneys distinguish evidence-based facts from issues that remain unresolved. It may help identify which records are worth requesting or clarifying the terms employed in depositions.
There are many reasons why discrepancies may not be indicative of a malfunction. Neither is every policy that shows the proper procedure was implemented.
An expert analysis of hospitality is beneficial in demonstrating these distinctions using relevant evidence and recognized practices. When lawyers prepare an investigation into hospitality, knowing the operations prior to questioning employees could lead to a more specific, convincing review of the actual events.