A hotel incident report may consist of a few sentences. It describes the guest, describes a disturbance, names the responding employees, and records the time management was notified.
The investigation could bring up multiple questions to an attorney. Who was the supervisor of the employees who were involved in this matter? Was surveillance footage preserved? Did the property adhere to its established procedures? Are there any previous interactions which were not reflected in the reports?
These questions show why it is often necessary to look over business records prior witnesses testify in a lawsuit involving hospitality.
Start With the Documents Created During Normal Operations
Businesses in the hospitality industry maintain records of scheduling, guest service along with security and management. These records were not always created for court proceedings, but they may be used to document the operation of the establishment during an incident.
A Hospitality expert witness can examine staffing schedules, operating procedures, employee training documents, security logs and surveillance records to comprehend the responsibilities given to different staff members. For example, a written policy might require a manager to respond to an employee’s report of an intoxicated guest.
In the course of investigating the incident, it is important to determine if the manager worked and if a report was submitted, and, according to the evidence, what the response was. It is more important to evaluate the actual operation as opposed to assuming that written directives were followed or not respected.
Restaurant Records Must Have Their Own Interpretation
Restaurant investigations pose challenges since employees have to divide their time between the preparation of beverages, food service customers’ requests, the management of the dining room. An expert witness in the restaurant industry will be able to show how decisions made by employees affect their decisions based on these responsibilities.
Imagine that the client purchased alcohol from the bar and was moved to an area at a table. The bar receipt could prove the initial purchase while the records of dining-room transactions record later purchases.
However, the records may not establish what the table server was aware of about the prior service. Reviewing all the data including server assignments and transaction times together with the management’s notes and employee statement can help to understand the sequence. An important distinction remains: the fact that alcohol was bought isn’t necessarily proof that the staff member was intoxicated.
Casino Investigations might require other records
Casinos operate beverage programs which can be quite different from the standard restaurant service. Free drinks, mobile cocktail servers, gaming floor supervisors and extensive security operations create additional sources of information.
A certified witness from a casino can examine the assignments for staffing of beverages as well as surveillance video, security reports and employee communication procedures. The conventional sales receipt may not be valid in the event of complimentary beverages.
In those circumstances, the investigation may depend more heavily on available surveillance employees’ observations, employee records, and the process of the property’s documents. Experts must be aware of the weaknesses of evidence instead of relying on incomplete records as proof.
Make sure you save the evidence prior to when it’s unavailable
A major concern in hospitality litigation is the preservation of time sensitive records. Surveillance systems can keep records for only a short time. Schedules of employees, internal communications and incident records may be archivalized in different systems or departments. Attorneys must locate and secure any relevant records as quickly as is possible.
The necessary scope depends on the nature of the claims. The extent of an investigation will be contingent on the allegations. A focused review will help identify which records are relevant without taking for granted that every department played a function.
The paperwork is the result of operational experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010, he has advised the hotel, restaurant and resort owners in the United States and internationally.
He has been an expert witness in trials involving hotels, casinos, resorts as well as restaurants for the defense and plaintiffs. This background in operations can be beneficial when interpreting documents that appear straightforward to someone who isn’t familiar with hospitality management.
A staffing schedule can, for example, identify the employees given the task. Knowing the model of service as well as operational conditions of a property is vital to determine if these assignments offer adequate supervision.
Clarity in questions is the first step to stronger arguments
A quick review by an expert will help lawyers distinguish between documented facts and unresolved questions. It will help identify documents that should be requested and also define the operational terms employed in depositions.
Each discrepancy does not indicate an operational error and not every written policy shows that proper procedures were observed.
The value of expert analysis lies in explaining those distinctions through relevant evidence and accepted industry practices. Attorneys preparing for a hospitality lawsuit will benefit from knowing the operations and their employees before interviewing them. This will permit to conduct a thorough investigation of what happened.