The hotel incident report may comprise only a few sentences. It includes the name of the guest, the description of the issue and the names of the people who were involved in the incident.
The report is likely to raise more questions for attorneys than it can provide an answer. Who was accountable for supervising these employees? Was surveillance footage preserved? Was the property in compliance with the rules? Are there any interactions that occurred prior to the property which were not reported?
These questions demonstrate the reasons why it is sometimes necessary to review business records prior to when an individual witness is called to testify in a case involving hospitality.
Begin by looking over the documents that were created in normal operations
Documents are kept by hospitality businesses to plan, guest services, training for staff and security management and many more. These records weren’t necessarily made for litigation but they can be used to prove the operation of the establishment 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, a written policy might have a manager respond to an employee’s report of an drunken guest.
The investigation must determine if the manager was working and if the report was distributed, and what response the available evidence documents. Instead of inferring that procedures were adhered to or not it is important to determine what actual actions actually occurred.
There is an need for a distinct analysis of the restaurant’s registers
The employees are split between the catering, beverage prep customer demands and dining-room management. This is a major challenge for investigation of restaurants. An expert witness from the restaurant will explain how these duties affect the decisions employees make during service.
Consider an incident in the dining room that involves the patron who bought alcohol at the bar prior to taking an area to sit. The bar receipt can be evidence of the purchase made at the bar, while dining room transaction records may record subsequent purchases.
But, these records may not reveal what the table server was aware of about the earlier service. Reviewing server assignments, transaction time notes of management and employee declarations together will help to clarify the process. It is essential to keep a distinction: simply because alcohol was consumed does not mean that the staff was intoxicated.
Casino Investigations Can Require Different Records
Casinos have drink programs that differ from the ones provided by restaurants. Free drinks, mobile cocktail servers, gaming floor supervisors and extensive security operations create additional sources of data.
A Casino expert witness could look over beverage staffing assignments security reports, surveillance footage as well as the rules governing employee communication. If the beverages are offered as a complimentary benefit, the traditional receipts for sales can be inadequate.
In these situations the investigation may rely more heavily on surveillance, employee observation, service records and documented procedures. The expert needs to also recognize limitations in the evidence instead of relying on an insufficient record as proof of an event.
You should keep the evidence up to the point that it’s no longer accessible
The preservation of documents that are sensitive is a real concern in hospitality litigation. Certain surveillance systems can only store recordings for a specified period of time. Different departments or systems can keep employee schedules, internal communications and incidental records. Attorneys should identify potentially relevant records in the early stages and take the necessary steps to preserve them.
The necessary scope depends on the allegations. Restaurant claims may need documentation for dining and bar areas as well as a resort incident could need documentation for the event, transportation arrangements, and security communications. A specific audit helps determine the relevant records without assuming every department played any part.
Understanding the paperwork is easier with experience from the operational side.
Preston Rideout, a hospitality professional since 1996, is experienced in nightclub management and bartending and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010 he has advised hotel, restaurant, and resort operators in the United States and internationally.
Expert witness work for him includes matters that involve hotels, restaurants resorts, casinos and hotels for defense and plaintiff counsel. The operational background is beneficial when interpreting documents that could seem easy to a person who isn’t familiar with hospitality management.
A staffing plan will, for instance, identify the people who were assigned to work. Understanding the model of service and operating conditions of the property is vital to determine if these assignments offer adequate supervision.
To create a stronger argument and build a stronger case, you must ask better questions.
An early expert review will assist attorneys in separating documents and unresolved issues. It may identify additional records that are worth seeking, clarify the the terms used in depositions and identify which decisions of employees require more scrutiny.
Not every discrepancy demonstrates an operational error or a lack of written policy demonstrates that the proper procedures were adhered to.
It is the value of an expert’s assessment that shows the distinctions made by utilizing established industry practices and relevant evidence. When lawyers prepare an investigation into hospitality, knowing the operation before questioning its employees could lead to a more specific, convincing investigation of what actually happened.
