An incident report for a hotel might only be one or two paragraphs. It contains the name of the guest, a description of the incident and the names of the personnel who attended to the incident.
As an attorney, that report could be more complicated than it provides answers. Who was in charge of supervising these employees? Was surveillance footage preserved? The property was following its own policies. Did previous interactions occur that weren’t recorded in the report?
These questions show the need to examine ordinary business records prior to testimony of witnesses in litigation involving hospitality.
Begin with the documents that are created during normal operations
The records are maintained by hospitality firms to record scheduling, guest services, staff training, security, management, and more. Although these records weren’t created to be used in litigation however, they can be useful in the purpose of determining how a place was able to perform during an incident.
A professional witness in hospitality will look at the staffing schedules along with operating procedures, employees’ training records Security logs, security records and surveillance recordings in order to better comprehend the duties assigned to which personnel. Written policies may demand the manager to respond to the employee who complains about an intoxicated customer.
Investigating whether or not the manager actually was working, whether or not the report was communicated, and the response confirmed by the evidence should be the primary objective. It is important to assess actual operations as opposed to assuming that written instructions were adhered to or not respected.
There is a need for an independent interpretation of the restaurant records
Restaurant investigations pose challenges since employees have to divide their time between the preparation of beverages, food service, customer requests, and the management of the dining room. A restaurant expert witness can describe the effect of these responsibilities on the choices taken by employees in service.
Consider a dining-room incident involving a customer who ordered alcohol at the bar before changing tables. The bar receipt may document the purchase made at the bar, while table transaction records could reveal subsequent purchases.
However, the records may not establish what the table server knew about the previous service. Examining all the information together such as the server’s assignments and times of transactions as well as management notes and employee declarations will help clarify the order of events. A distinction must be made when it comes to alcohol: the fact that it was sold does not necessarily suggest that employees are aware of intoxication.
Casino Investigations might require other records
Casinos operate beverage programs that differ significantly from conventional restaurant service. Complimentary drinks, mobile cocktail servers, gaming floor supervisors and extensive security operations create further sources of information.
A casino expert witness could look into beverage staffing, security footage, and surveillance videos. They can also go over protocols for employee communication. If the beverages are offered as a complimentary service the traditional receipts for sales can be insufficient.
In these circumstances an investigation can rely more on surveillance, employee observation, service records and documented procedures. Experts must identify the limitations of evidence, rather than relying on insufficient data as evidence.
Preserve the Evidence Before It Becomes Unavailable
The preservation of documents that are time sensitive is a crucial consideration when it comes to lawsuits which involves hospitality. Certain surveillance systems only preserve records for a specific period of time. Different systems or departments may save employee calendars, internal communication as well as incidental documentation. Attorneys must identify pertinent records and take the necessary steps early.
The scope of the investigation depends on the nature of the allegations. Restaurant claims may need documentation for dining and bar areas, while a resort incident could require documentation of the event, transportation arrangements, and security communications. It is possible to identify relevant records by conducting an investigation that is specific, not needing to presume that every department was involved.
The process of preparing paperwork is simpler with operational experience
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 consulted restaurant, hotel, and resort operators in the United States and internationally.
He has served as an expert witness in cases involving hotels, casinos, resorts and restaurants for the plaintiffs and defense counsel. It is helpful to have a background in hospitality management to interpret documents that seem straightforward to those who aren’t familiar with the business.
Staffing schedules, for example determine who was given the task. Knowing the service model and operating conditions of the property is necessary to determine whether the assignments are supervised in a proper manner.
Clearness in your questions is the first step to a stronger argument
A quick review by an expert will assist attorneys in separating the facts that are documented and those that remain unanswered. It will help identify documents that merit requesting as well as define the terms employed in depositions.
Each discrepancy does not indicate an operational flaw however, not every written policy proves that appropriate procedures were followed.
The value of hospitality expert analysis lies in explaining those distinctions through relevant evidence and industry-wide practices that are well-known. If lawyers are preparing a hospitality case, understanding the company prior to questioning its employees can lead to a more focused, credible analysis of what actually transpired.
