The hotel incident report may be a short document with only a few words. It is a record of the guest’s name who caused the disturbance and names the employees who responded and records the date the management was informed.
For attorneys, this report could cause more questions than it answers. Who was supervising the employees involved? Was surveillance footage preserved? The facility had its own procedure. Are there any earlier interactions that were not disclosed?
This is why it is often necessary to look over business records prior witness testimony in a lawsuit regarding hospitality.
Start by looking through the documents that were created in normal business operations.
Hotels and restaurants maintain records of scheduling, guest service along with security and management. Even though these documents weren’t created to be used in litigation however, they can be useful in the purpose of determining how a place was able to perform during an incident.
A hospitality expert witness will scrutinize the scheduling schedules for staff as well operating procedures, the employee’s training records, security logs and monitoring recordings in order to better be aware of the responsibilities given to whom. For example the written policy may have a manager respond to an employee who reports an intoxicated guest.
The investigation should determine if the manager was in fact working and if the report was shared, and the response the available evidence documents. Instead of assuming that procedures were not followed or not It is more important to find out what were actually carried out.
There is the need for a different understanding of the restaurant’s record.
Restaurant investigations are challenging because employees are split between the preparation of beverages, food service as well as customer demands and managing the dining area. A restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Think about an incident in a dining room, involving a patron who purchased alcohol at the bar prior to taking a seat. The bar receipt will be proof of the initial order, and the records from the dining room will record the subsequent orders.
The information in those records might not be revealing the server’s knowledge of the previous service. Combining the server assignment and transaction times, as well as management notes, and employee declarations can clarify the sequence. It is crucial to note distinctions: simply because alcohol was consumed doesn’t mean staff was intoxicated.
Casino Investigations may require different records
Casinos have drink programs that are different from the ones provided by restaurants. Complimentary drinks, mobile cocktail servers, gaming floor supervisors and extensive security procedures create further sources of information.
An expert witness from a casino can review beverage staffing, security footage, and surveillance videos. They may also review procedures for employee communication. Traditional sales receipts may give an inaccurate account if beverages are free.
In those instances, the investigation may depend more heavily on surveillance records and employee observation, service documentation, and even the documenting procedures of the property. The expert needs to also recognize any weaknesses in the evidence, rather than treating an incomplete document as evidence of a particular event.
Make sure you keep the evidence until it’s no more available
One issue that can arise in litigation involving hospitality is the protection of time sensitive records. Recordings from surveillance systems can be saved for a specific time. Information regarding employees’ schedules and internal communications and incident documents can be stored by different departments or even systems. Attorneys must identify and preserve potentially relevant records as soon as possible.
The appropriate scope will depend on the nature of the claims. Restaurant claims may need documents for the dining room and bar and a resort-related incident could involve event documentation as well as transportation arrangements and security communications. A focused review will help identify the records that are pertinent without assuming every department played some role.
The Paperwork is a Result of the Operational Experience
Preston Rideout, a hospitality professional since 1996, has worked in nightclub management and bartending and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010 he has advised restaurant, hotel, and resort operators in the United States and internationally.
His expert witness work involves matters that involve hotels, restaurants resorts, casinos and hotels for both defense and plaintiff lawyers. His operational knowledge is helpful in the interpretation of records that seem simple to someone not familiar with the management of hospitality.
Staffing schedules, for example determine who was given the task. Knowing the service model and the operational environment of a building is necessary to determine whether these assignments provide appropriate supervision.
To help build a stronger case Ask more pertinent questions
Early expert review helps attorneys differentiate between unresolved and documented problems. It could help uncover additional documents to request, define the terms used in depositions and establish which employee decisions require a closer look.
Every discrepancy is not an operational flaw, and not every written policy demonstrates that the proper procedures were observed.
The value of hospitality experts is that they can explain the distinctions with relevant evidence and accepted industry practices. Understanding the operation prior to asking employees to answer questions in a hospitality situation can assist lawyers in preparing cases that have a more precise and reliable examination.