A hotel incident report could contain only a few paragraphs. It identifies the guest who caused the disturbance, names the responding employees, and records the time the management was informed.
For attorneys, this report can be more complicated than it provides answers. Who was the person in charge of the employees in this matter? Was surveillance footage preserved? Did the facility follow the rules? Are there any interactions that occurred prior to the property which were not disclosed?
These issues illustrate why hospitality litigation usually necessitates an examination of standard business records before testimony of witnesses begins.
Start by looking through the documents that were made during normal operation
The hospitality industry produces records to schedule, train and guest service, security and management. Although they weren’t designed to be used in litigation, they could help determine the way a property operated in the aftermath of an incident.
A Hospitality expert witness may study staffing plans, operational procedures, training files, security logs, and surveillance records to comprehend the responsibilities given to different employees. A written policy may require that the manager take action to employees who report an intoxicated client.
The investigation must determine if the manager was actually working with the manager, whether the report was communicated, and what response was provided by the evidence. It is far more crucial to examine the actual performance of the operation rather than to assume that written instructions were followed or ignored.
Restaurant Records Need Their Own Interpretation
Investigations in restaurants are difficult since employees must split their time between cooking food and serving customers as well as managing the dining space. A qualified witness in the restaurant industry could help explain how employees’ decisions affect their decisions based on these responsibilities.
Consider a dining-room incident involving an individual who had ordered drinks at the bar before taking a seat at a table. The bar receipt can be evidence of the initial purchase, while restaurant transaction records might document subsequent orders.
However, these documents may not be able to prove what the tableserver knew about the previous service. Combining the server assignment with the transaction times, management notes, and employee declarations can help clarify the process. It is crucial to note an important distinction: just because alcohol was purchased doesn’t mean employees were intoxicated.
Casino Investigations may require different records
Casino beverage programs can be significantly different from those offered by a traditional restaurant. Additional sources of information are complimentary drinks cocktails, mobile servers for drinks and gaming floor supervisors.
A Casino expert witness could examine beverage staffing assignments, security reports, surveillance footage and the procedures that govern employee communication. If the beverages are offered in a free service, the traditional receipts for sales can be inadequate.
In these situations, the investigation could rely on surveillance, employee observation as well as service records and documented procedures. The expert should also be able to identify any shortcomings in the evidence, and not be content with an insufficient document.
Keep the evidence until it’s no longer accessible
The preservation of documents that are time sensitive is a significant concern when it comes to lawsuits that involves hospitality. Certain surveillance systems can only store records for a specific period of time. Information about employee schedules and internal communication as well as incident documentation can be stored by different departments or by different systems. Attorneys need to identify relevant documents and implement the appropriate measures early.
The appropriate scope will depend on the facts. A restaurant complaint may require documents for the dining room and bar as well as a resort incident may require event documentation as well as transportation arrangements and security communications. You can find relevant records through a targeted review, without having to assume that all departments were involved.
Operational Experience Aids in Explaining the Paperwork
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a company he founded in 2010. He has provided advice to on resort, restaurant and hotel owners across the United States.
Expert witness work for him includes matters involving hotels, restaurants, resorts, and casinos for plaintiff and defense counsel. It’s useful to have some experience in hospitality management to interpret documents that look simple for those not familiar with the business.
Staffing schedules, for example to identify who has been given the task. Knowing the service model and the operational environment of a building is vital to determine if the assignments are supervised in a proper manner.
Clarity in the questions is the first step in an argument that is stronger
Early expert review helps attorneys distinguish between documented and unresolved issues. It can help determine which documents are worth seeking or clarifying the terms that is used in depositions.
It is not required to demonstrate that a written policy was followed in the event of divergences.
Expert analysis in hospitality is useful when it explains the distinctions with relevant evidence and well-known practices. When lawyers prepare the case for a hospitality client, understanding the business prior to questioning its employees could lead to a clearer, more accurate review of the actual events.
