A hotel incident report could comprise only a few paragraphs. It identifies the guest, describes a disturbance and names the employees who responded, and records the time management was notified.
For attorneys, this report can cause more questions than it answers. Who was in charge of supervising the employees in question? Was surveillance footage preserved? Did the facility follow its policies? Are there any earlier interactions which were not disclosed?
These questions show why it is crucial to examine ordinary business records prior to testimony of witnesses in hospitality litigation.
Begin With the Documents Produced During Normal Operations
Records are kept by hospitality companies for scheduling, staff training, guest services and security, as well as management and more. Even though these documents were not intended to be used in litigation but they can be helpful in establishing how a property was able to perform during an incident.
A witness from the hospitality industry will scrutinize the scheduling schedules for staff as well operating procedures, documents for employee training, security logs and monitoring recordings to be aware of the responsibilities delegated to what employees. A written policy could require that the manager take action to an employee who reports an intoxicated client.
The investigation must determine if the manager was on duty with the manager, whether the report was distributed, and what responses were provided in the evidence. The objective is to assess the actual activities rather than inferring that written guidelines were followed or ignored.
Restaurant Records Need Their Own Interpretation
The employees are split into the food service, beverage preparation customer demands and dining-room management. This presents a problem for investigation into restaurant operations. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine an incident in the dining room that involves someone who bought drinks at the bar prior to moving to a seat. The bar receipt might record the purchase at the beginning, while the records of dining-room transactions will show subsequent orders.
Those records may not reveal what the server was aware of about the prior service. Combining the server assignment, transaction time, management notes, and employee records could help in determining the sequence. A key distinction is that the evidence of alcohol consumption does not mean that employees were aware of intoxication.
Casino Investigations might require other records
Casinos have beverage programs which are distinct from those provided by restaurants. The inclusion of complimentary drinks cocktails, servers serving drinks on the gaming floor, and security personnel can provide additional information.
A casino expert witness may analyze beverage staffing and security footage and surveillance. They can also go over protocols for employee communication. Traditional sales receipts may give an inaccurate account if beverages are complimentary.
In such a case, the investigation could rely on surveillance, employee observation or service records as well as documented procedures. Experts must recognize the limitations of evidence, rather than accepting incomplete records as evidence.
Save the Evidence Prior to It is lost forever.
The preservation of records that are time sensitive is an issue for litigation involving hospitality. Some surveillance systems will only save recordings for a specified period of time. Different systems or departments may store employee schedules, internal communication as well as incidental documentation. Attorneys need to identify relevant records early and take the appropriate steps in order to secure the records.
The required scope is determined by the facts. For instance an establishment may need the records of its dining room and bar. A resort incident might require documentation for an event such as travel arrangements or security messages. A specific review can help determine which records are relevant without taking for granted that every department played any function.
It is easier to understand the paperwork when you have experience in the field.
Preston Rideout has worked in hospitality since 1996, with prior experience in bartending, nightclub management, and multi-unit drinks operations. Rideout Hospitality Consulting is a company that he established in the year the year 2010. He has advised on resort, restaurant, and hotel operators throughout the United States.
Expert witness testimony on behalf of plaintiffs and defendants has covered matters involving casinos, resorts or restaurants, as well as hotels. It’s useful to have an understanding of hospitality management in order to understand documents that look simple to those who aren’t experienced in the field.
A staffing plan can, for example, identify who was assigned to work. To determine if the assignments were proper you should know what the service model is of the property and its operating conditions.
To help build a stronger case Ask more pertinent questions
Early expert review helps attorneys identify unresolved and documented issues. It could help identify which records are worth requesting or clarifying the language used to describe depositions.
The reason for discrepancies is not always because of an operational issue. Also, not every policy that proves that the correct procedures were implemented.
The benefit of expert analysis is to explain the differences through evidence and recognized industry practices. When lawyers prepare an investigation into hospitality, knowing the business prior to questioning its employees can result in a more focused, credible review of the actual events.