An incident report for the hotel could only be short, perhaps a couple of paragraphs. It identifies the guest and describes the disturbance and identifies the staff who responded, and records the time the management was informed.
The investigation could bring up more than one question to an attorney. Who was the person who was supervising employees that were involved? Was surveillance footage preserved? Did the facility follow its policies? Did you have any previous interactions that were not documented?
These questions illustrate the reason why hospitality litigation typically demands an examination of normal business records before witness testimony commences.
Start by reviewing the documents that were created during normal operation
The hospitality industry produces records for scheduling, training, guest service, security, and management. Even though these documents weren’t created to be used in litigation but they can be helpful in establishing how a property performed in the event of a specific incident.
An expert witness in hospitality will review the schedules of staffing along with operating procedures, employees’ training records as well as security logs and surveillance recordings to be aware of the responsibilities delegated to what employees. Written policies may demand that the manager take action to employees who report an intoxicated client.
The investigation should establish whether the manager was involved or if the report was submitted, and, in light of the evidence, what the response was. It is far more crucial to examine the actual performance of the operation rather instead of assuming that the written instructions were followed or not observed.
The interpretation of restaurant records may be different
The employees are divided between the catering, beverage prep as well as dining-room management. This poses a challenge for investigation of restaurants. A restaurant expert witness is able to describe the effect of these responsibilities on decisions taken by employees while they serve.
Imagine a scenario where the client purchased alcohol from the bar and was transferred to a table. The bar receipt may document the initial purchase, while transactions in the dining room could document subsequent orders.
The records could not provide what the server’s information was about the previous service. Examining all the information together including the server’s assignments and times of transactions, along with management notes and statements from employees will help clarify the sequence. It is essential to keep a distinction: the fact that alcohol was purchased doesn’t mean the staff noticed intoxication.
Casino Investigations may require different records
Casinos run beverage programs which differ from conventional restaurant service. The addition of complimentary drinks cocktails, servers serving drinks at the casino floor, and security personnel are all sources of additional information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. If drinks are offered as a complimentary benefit, traditional sales receipts may be incomplete.
In these circumstances, the investigation may depend on surveillance data or employee reports, service documentation, and even the procedure for the property’s documentation. Experts should be aware of the limitations of evidence, instead of accepting insufficient records as proof.
Keep the evidence until it’s no longer available
The preservation of records that are time sensitive is a real concern for litigation involving hospitality. Recordings from surveillance systems can be kept for a limited duration. Schedules of employees, internal communications and incident documentation may be kept in different systems or departments. Attorneys need to identify and archive documents that could be relevant as quickly as they can.
The scope of the necessary investigation is contingent upon the allegations. The scope of an investigation will depend on the allegations. A targeted review can identify the records that are crucial without assuming that every department is involved.
It is easier to understand the paperwork with experience from the operational side.
Preston Rideout, a hospitality professional since 1996, has extensive experience in managing nightclubs and bartending 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 across the United States.
He has been an expert witness in cases involving hotels, casinos, resorts as well as restaurants for the defense and plaintiffs. It’s useful to have some experience in hospitality management in order to understand documents that look simple to those who are not experienced in the field.
A staffing plan, for example identifies the people who were designated to work. Knowing the model of service as well as operational conditions of a property is necessary to determine whether the assignments are supervised in a proper manner.
To make a more convincing case and build a stronger case, you must ask better questions.
An early expert review will help lawyers distinguish the established facts from ambiguous issues. The review can reveal additional records worth requesting, clarify what the legal terminology is for depositions and identify which decisions of employees need closer scrutiny.
There are many reasons why discrepancies may not be indicative of an operational issue. Not every policy that proves the correct procedures were adhered to.
The analysis of a professional in the field of hospitality is useful in demonstrating these distinctions using relevant evidence and practices that are widely accepted by the industry. Attorneys who are preparing for a hospitality lawsuit can benefit from understanding the business and its staff before interviewing them. This allows for an in-depth analysis of what transpired.
