The incident report for a hotel may comprise only a few sentences. It is a record of the guest’s name who caused the disturbance and names the employees who responded, and records the time management was notified.
The report may raise multiple issues for an attorney. Who was the person in charge of the employees in this case? Was surveillance footage preserved? The facility was following its own policies. Were there earlier interactions which were not reflected in the report?
These are the reasons why hospitality litigation usually demands an examination of normal business records before witness testimony begins.
Start by looking through the documents that were created in normal business operations.
Businesses in the hospitality industry keep records of guest service, scheduling guest service, training, security and management. These records weren’t necessarily intended for litigation however they can be used to determine how the hotel operated in an incident.
An expert witness in hospitality may examine staffing schedules, and operating procedures, as along with employee training documents as well as security logs, as well as recordings from surveillance cameras to determine what responsibilities are given to each employee. A written policy might require that a manager respond to employees who report an intoxicated customer.
Examining the incident will determine whether the manager was working, if the report was issued, and from the evidence what the reaction was. Instead of simply assuming that processes were observed or not The goal is to evaluate how actual operations actually occurred.
Restaurant Records Need Their Own Interpretation
Restaurant investigations pose challenges since employees are split between food service, beverage preparation the customer’s requests and the management of the dining room. A restaurant expert witness can provide an explanation of how these responsibilities impact the choices that employees make when they serve.
Imagine that a client ordered alcohol from the bar and was transferred to a table. The bar receipt can document the initial order, and the records from the dining room will record the more recent orders.
But, these records might not prove the knowledge of the tableserver about the previous service. The combination of server assignments and transaction times, as well as management notes and employee communications can clarify the sequence. It is essential to keep a distinction: the fact that alcohol was purchased does not mean that the employees noticed that they were drunk.
Casino Investigations may require different documents
Casinos have drink programs that are different than those provided by restaurants. The additional drinks that are complimentary cocktails, servers serving drinks at the casino floor, and security personnel can provide additional information.
A casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. Traditional sales receipts can give an inaccurate account if drinks are provided for free.
In these situations the investigation may rely more heavily on surveillance, employee observation as well as service records and documented procedures. The expert must be able recognize any limitations in the evidence, and not accept a partial report.
You should keep the evidence up to the point that it is no longer available
One of the main concerns in litigation involving hospitality is the protection of time sensitive documents. Surveillance systems’ records can be stored for a short duration. Different systems or departments may store employee schedules, internal communication and incidental records. Attorneys need to identify relevant documents and implement the appropriate steps in the early stages.
It is contingent on the nature of the claim. For example, a restaurant may need the records of its dining room and bar. A resort-related incident could need documentation of the event and travel arrangements or security communications. A specific audit helps determine the records that are pertinent without having to assume that all departments played some part.
Making sense of paperwork is much easier when you have experience in the field.
Preston Rideout, a hospitality professional since 1996, has extensive experience in bartending and nightclub management in addition to multi-unit drink 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 and restaurants for both the defense and plaintiffs. This knowledge of operations is useful in interpreting records which could seem easy to a person who isn’t familiar with hospitality management.
Staffing schedules, like to identify who has been given the task. To determine if those assignments were proper you must know the model of service for the property and its operating conditions.
To create a stronger argument Ask more pertinent questions
Early expert review assists attorneys discern between documented and unresolved problems. It helps identify documents that should be requested and also define the terms used in depositions.
Not every discrepancy demonstrates an operational failure and not every written policy shows that proper procedures were observed.
The analysis of a professional in the field of hospitality is beneficial when it clarifies these distinctions based on relevant evidence and practices that are widely accepted by the industry. Knowing the process prior to asking employees to answer questions in a hospitality situation can assist lawyers in preparing the case for a more precise and reliable examination.
