The incident report for a hotel may only contain a few sentences. It describes the guest as the source of the incident, describes the incident and names the employees who responded and also records the time the management was informed.
For an attorney, that report can be more complicated than it can answer. Who was the supervisor of the employees involved in this case? Was surveillance footage preserved? Did the property adhere to its prescribed procedures? Do you know of any prior interactions which were not documented?
This is the need to examine business records before witness testimony in a lawsuit involving hospitality.
Start by looking through the documents that were made in normal operations
Records are maintained by hospitality companies for scheduling, guest services, training for staff, security, management, and more. Even though these documents weren’t designed to be used in litigation, they can help establish how a property functioned 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. As an example one policy may stipulate that the manager should respond to an employee who reports an intoxicated client.
The investigation into whether or not the manager actually worked and whether or not the report was properly communicated and the response evident from the evidence available is the objective. Instead of simply assuming that processes were not followed or not The goal is to find out what were actually carried out.
The way to interpret restaurant records is different
The employees are split into the food service, beverage prep, customer requests and dining-room management. This creates a challenge for restaurant investigations. A qualified witness in the restaurant industry can clarify how the decisions of employees are affected by these responsibilities.
Consider an incident in the dining room that involves someone who bought alcohol at the bar prior to settling into a seat. The bar receipt can document the initial purchase, and the transaction records for dining room transactions show later orders.
Those records may not reveal the server’s knowledge of the previous service. Reexamining the server assignments, transaction times notes of management and employee statements together can help to clarify the process. It is important to distinguish when it comes to alcohol: the fact that it was sold doesn’t automatically indicate that employees have been able to detect the presence of alcohol.
Casino Investigations May require different documents
Casino beverage plans can be significantly different from those offered by a typical restaurant. The availability of complimentary drinks as well as cocktail servers at the casino floor and security personnel can provide additional information.
An expert witness from a casino can review beverage staffing, security reports and surveillance footage. They may also review procedures for employee communication. If drinks are offered in a free service, the traditional receipts for sales can be incomplete.
In these circumstances the investigation will rely more heavily on surveillance records, employee observations, service documentation, and even the documenting procedures of the property. The expert must also identify limitations in the evidence rather than relying on an uncomplete document as evidence of a particular event.
Save the Evidence Prior to It Does Not Remain Available
The preservation of records that are sensitive is a practical concern in hospitality litigation. Certain surveillance systems can only store records for a specific period of time. The details about employee schedules and internal communications along with incident-related documentation are stored by different departments or by different systems. Attorneys must be aware of relevant documents and implement the appropriate steps early.
The extent of the investigation is contingent on the nature of the allegations. For example an establishment may need documents for the dining room or bar. A resort incident might require documentation for an event as well as travel arrangements, or security communications. The targeted reviews will help you determine which records are important without assuming that every department was involved.
Operational Experience Aids in Explaining the Paperwork
Preston Rideout, a hospitality professional since 1996, has extensive experience in nightclub management and bartending in addition to multi-unit drink operations. Through Rideout Hospitality Consulting, established in 2010 he has advised restaurant, hotel, and resort operators in the United States and internationally.
He has been an expert witness in cases involving hotels, casinos, resorts and restaurants for both the plaintiffs and defense counsel. It’s useful to have a background in hospitality management when interpreting documents that appear simple to those who are not familiar with the business.
A staffing schedule is one example. It identifies who was given the task. Knowing if the assignments offered the proper supervision requires understanding of the structure’s service model as well as operational conditions.
The ability to clearly state the issue is the initial step to a stronger argument
Early expert review can help attorneys distinguish documents from unresolved issues. It may identify additional records worth requesting, help clarify operational terminology for depositions, and determine which employee actions require a closer look.
Every discrepancy is not an operational flaw, and not every written policy shows that proper procedures were adhered to.
Expert analysis in hospitality is beneficial when it can explain the differences using evidence and practices that are widely accepted by the industry. If lawyers are preparing cases involving hospitality, understanding the business prior to questioning its employees can result in a more focused, credible investigation of what actually happened.
