A report of an incident at the hotel could only be a few paragraphs long. The report will contain the name of the guest, the description of the issue as well as the names of the staff members who responded.
For attorneys, this report may be more complicated than it provides answers. Who was in charge of supervising the employees? Was surveillance footage preserved? Was the property following its procedures? Do you know of any prior interactions that weren’t recorded?
These are the reasons why hospitality litigation usually requires an examination of ordinary business records before testimony of witnesses commences.
Start by reviewing the documents that were made in normal operations
The hospitality industry produces records for scheduling, training guests, guest service, security, and management. These documents were not necessarily intended for litigation however they could be used to prove how the facility operated during an incident.
An expert witness in hospitality may examine staffing schedules, and operating procedures, as along with employee training documents or logs of security and footage from surveillance cameras to determine the duties that are assigned to each employee. For instance the written policy may require a manager to respond to an employee’s report of an drunken guest.
The investigation should establish whether the manager was in charge or if the report was issued, and from the evidence what the reaction was. Instead of inferring that procedures were observed or not The goal is to assess how the actual operation actually occurred.
The interpretation of restaurant records may be different
Restaurant investigations can be challenging as employees are split between food service, beverage preparation as well as customer demands and the management of dining rooms. An expert witness from the restaurant industry can show how decisions made by employees are influenced by their responsibilities.
Take a look at a dining-room situation involving an individual who had ordered drinks at the bar before moving to a table. The bar receipt could document the initial purchase, and the transaction records for dining room transactions indicate later purchases.
The information in those records might not be revealing what the server’s information was about the previous service. Combining the server assignment with the transaction times, management notes, and employee records will help to clarify the order. The key difference is: the evidence of alcohol consumption does not necessarily mean that employees were aware of intoxication.
Casino Investigations May require different documents
Casino beverage programs are significantly different from those offered by a typical restaurant. Free drinks, mobile cocktail servers, gaming floor supervisors and extensive security operations provide other sources of information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. Traditional sales receipts can be insufficient when beverages are free.
In these circumstances an investigation may depend on surveillance available, employee observations and service records, in addition to the procedures that are documented for the facility. The expert should also be able to identify any shortcomings in the evidence, and not be content with an insufficient report.
Keep the evidence in place until it is no longer available
One practical concern in hospitality litigation is the preservation of time sensitive documents. Surveillance systems might keep records for only a short time. Schedules of employees, internal communications, and incident documents may be kept in various systems or departments. Attorneys need to identify relevant records earlier and take the appropriate steps to safeguard these records.
The necessary scope depends on the allegations. The extent of the investigation will be contingent on the allegations. A targeted review helps establish the relevant records without having to assume that all departments played an important function.
The Paperwork is a Product of Operational Experience
Preston Rideout has worked in hospitality since 1996. He has prior experience in bartending, nightclub management, as well as multi-unit drinks operations. Rideout Hospitality Consulting was established in 2010 and has been providing advice to restaurant, hotel and resort operators across the United States.
Expert witness testimony on behalf of plaintiffs and defendants has encompassed matters that involved resorts, casinos or restaurants, as well as hotels. This operational background can be helpful in interpreting documents that might seem straightforward to someone who is not familiar with the management of hospitality.
A staffing schedule can, for example, identify the employees assigned to work. Understanding the model of service and operational conditions of a property is essential to know if these assignments provide appropriate supervision.
A more convincing case begins with More lucid questions
Early expert review assists attorneys discern between documented and unresolved issues. It could help uncover additional documents that are worth seeking, clarify the how depositions are conducted, and determine which employee actions require more scrutiny.
It is not required to show that a written policy was followed when there are differences.
The benefit of expert analysis is in demonstrating the differences through evidence and accepted industry practices. Attorneys preparing for a hospitality lawsuit can benefit from a thorough understanding of the operation and its employees prior to examining them. This will allow a more focused investigation of what happened.
