A hotel incident report could consist of a few sentences. It will include the name of the guest, the description of the incident, and the names of the personnel who attended to the incident.
For an attorney, that report may bring more questions than it can answer. Who was responsible for supervising these employees? Was surveillance footage preserved? The property adhered to its own rules. There were earlier interactions that were not recorded in the reports?
These questions illustrate why it is important to examine ordinary business records prior to witness testimony in hospitality litigation.
Start by looking through the documents that were made in normal operations
The hospitality industry’s businesses keep track of schedules, guest service, training, security and management. Although these records were not intended to be used in court but they can be helpful in understanding how a business performed during a specific incident.
A Hospitality expert witness may review staffing schedules and operating procedures, employee education documents, security logs and surveillance recordings to understand the roles assigned to various staff members. For instance one policy may stipulate that the manager should react when an employee notifies them of a drunk client.
The investigation into whether or not the manager actually was working and whether or not the report was distributed and the responses confirmed by the evidence is the objective. It is more important to assess actual operations as opposed to assuming that written directives were followed or not respected.
There is an need for a distinct interpretation of the restaurant records
Restaurant investigations are challenging due to the fact that employees have to divide their time between cooking food serving customers, as well as managing the dining room. A restaurant expert witness is able to clarify the impact of these duties on the decisions taken by employees in service.
Take a look at a dining-room situation involving a customer who ordered alcohol at the bar before making the move to a table. The bar receipt could record the purchase at the beginning, while the dining-room transaction records record later purchases.
However, these records may not confirm the knowledge of the tableserver about the earlier service. Reexamining the server’s assignments, transactions times notes of management and employee declarations together will help to clarify the process. A key distinction is that evidence that alcohol was purchased isn’t necessarily proof that the employee was aware of their intoxication.
Casino Investigations might require other records
Casino beverage plans can be very different from those of the typical restaurant. Additional sources of information are free drinks serving mobile cocktails, mobile cocktail servers as well as gaming-floor supervisors.
An expert witness from a casino could review the beverage staffing assignments along with surveillance footage including security reports, employee communications procedures. Traditional sales receipts might be insufficient when drinks are provided for free.
In such a case the investigation will rely more heavily upon surveillance or employee reports, service documentation, and even the property’s documented procedures. The expert should be able to spot any flaws in the evidence and not just accept an incomplete record.
Save the Evidence Prior to It is lost forever.
The preservation of documents that are time sensitive is a significant concern when it comes to litigation related to hospitality. Some surveillance systems will only save recordings for a certain period of time. Schedules of employees, internal communications and incident records may be kept in various departments or in different systems. Attorneys must locate and secure documents that could be relevant as quickly as is possible.
It’s all about the type of claim. For example restaurants may require documents for the dining room or bar. A resort incident may need documentation of the event, travel arrangements, or security messages. You can locate relevant records by conducting an investigation that is specific, not being required to assume that every department was involved.
The process of preparing paperwork is simpler with experience from the operational side.
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a business he started in 2010. He has provided advice to on resort, restaurant, and hotel operators throughout the United States.
He has been an expert witness in trials involving hotels, casinos, resorts as well as restaurants for the plaintiffs and defense counsel. It’s helpful to have a background in hospitality management to interpret documents that look simple for those not experienced in the field.
A list of staffing plans will, for instance, identify those given the task of working. Knowing the model of service as well as the operational environment of a building is vital to determine if these assignments offer adequate supervision.
A Stronger Case Begins With Clearer Questions
An early review by an expert can help lawyers distinguish between documents and unresolved issues. It helps identify documents that should be requested and also clarify the operational terminology used in depositions.
Not all discrepancies are indicative of an operational issue. Not every policy that proves the correct procedures were implemented.
The value of experts is that they can explain those distinctions through relevant evidence and industry-wide practices that are well-known. In the case of attorneys who are working on cases involving hospitality, understanding the business prior to questioning its employees could lead to a more precise, reliable review of the actual events.