The hotel incident report may be a short document with only a few words. It is a record of the guest’s name as the source of the incident, describes the incident and identifies the staff who responded and also records the time the management was informed.
The report could raise more than one question to an attorney. Who was accountable for supervising the employees? Was surveillance footage preserved? Did the property follow standard procedures? Did you have any previous interactions that weren’t reported?
These are the reasons why hospitality litigation usually calls for an examination of regular business records before testimony of witnesses begins.
Start by looking through the documents that were produced during normal operation
Businesses that operate in the hospitality industry create records for scheduling, training guests, guest service, security and administration. Even though these documents weren’t designed to be used in litigation, they can help identify how a place operated in the aftermath of an incident.
An expert witness in Hospitality may review staffing schedules and operational procedures, education files, security logs, and surveillance records to comprehend the duties assigned to different staff members. For instance the written policy may call for a supervisor to act to an employee who reports an drunken guest.
The investigation will determine whether the manager was on duty with the manager, whether the report was shared, and the responses were provided in the evidence. The goal is to analyze the actual operation rather than assuming that the procedures written down were implemented or not.
The interpretation of restaurant records can be different
The employees are split between the food service, beverage prep customer demands and dining-room management. This creates a challenge for restaurant investigations. A restaurant expert witness can explain how these responsibilities influence the decisions that employees make in service.
Imagine a dining room incident that involved the customer who purchased alcohol at the bar before moving to a table. The bar receipt might document the first purchase while the dining room transaction records may show subsequent orders.
But, these records might not confirm the knowledge of the tableserver about the previous service. Combining the server assignment, transaction time, management notes, and employee records can clarify the sequence. It is important to distinguish when it comes to alcohol: the fact that it was offered for sale does not indicate that employees have been able to detect intoxication.
Casino Investigations Might require a different set of records
Casinos offer beverage services that differ significantly from conventional restaurant service. Additional sources of information include free drinks, mobile cocktail servers and gaming-floor supervisors.
A casino expert witness can examine beverage staffing, security reports and surveillance footage. They can also look over the procedures for employee communications. Traditional sales receipts might be insufficient when beverages are free.
In those instances the investigation could rely more heavily upon surveillance employees’ observations, employee documents, and the process of the property’s documents. The expert also needs to recognize any weaknesses in the evidence, rather than relying on an uncomplete document as evidence of an event.
Preserve the Evidence Before It Becomes Unavailable
A major concern when it comes to hospitality litigation is the preservation of time sensitive documents. Certain surveillance systems only preserve recordings for a certain period of time. Employee schedules, internal communications and incident documents may be stored in different departments or in different systems. Attorneys should be able to spot potentially relevant records earlier and take the appropriate steps in order to safeguard the records.
The nature of the investigation will depend on the type of accusations. The extent of the investigation will depend on the accusations. A targeted review can identify what records are essential and not assume that all departments are involved.
The Paperwork is a Product of Operational Experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has provided guidance to hotels, restaurants and resort operators throughout the United States.
He has been an expert witness in cases involving hotels, casinos, resorts and restaurants for both plaintiffs’ and defense counsel. This operational background can be helpful in understanding records that appear straightforward to someone who isn’t familiar with hospitality management.
A staffing plan can, for example, identify the individuals who were given the task. To determine if these assignments were appropriate it is necessary to understand what the service model is of the facility as well as its operating conditions.
To create a stronger argument to build a stronger case, ask more questions
A quick review by an expert can help attorneys distinguish documents from unresolved issues. It may identify additional records to request, define operational terminology for depositions, and determine which employee decisions require more scrutiny.
It is not necessary to prove that a policy written was followed when there are divergences.
It is the importance of an expert’s report that illustrates these distinctions by using recognized practice in the field and supporting evidence. For attorneys preparing an investigation into hospitality, knowing the operations prior to questioning employees can lead to clearer, more accurate review of the actual events.