A hotel incident report may consist of a few sentences. The report details guests, details the disturbance, names the staff who responded and records the time management was notified.
This report may bring up more questions for attorneys than it can be able to. Who was responsible for supervising the employees? Was surveillance footage preserved? Did the property follow standard procedures? Were there earlier interactions which were not reflected in the reports?
These questions highlight why it is crucial to review business records of every day use prior to testimony of witnesses in hospitality litigation.
Start by looking through the documents that were created in normal operations
Businesses in the hospitality industry keep track of schedules, guest service as well as security, training and management. Although they weren’t designed to be used in litigation, they can help determine how a facility performed during a particular incident.
An expert witness in hospitality might review staffing plans and operating procedures, as well as employee training files, logs of security, and surveillance camera recordings to determine the responsibilities that are assigned to each person. A written policy may require that the manager take action to the employee who complains about an intoxicated customer.
The investigation should determine if the manager was actually working with the manager, whether the report was communicated, and what responses were provided in the evidence. It is much more important to look at actual actions as opposed to assuming that written instructions were adhered to or not respected.
The interpretation of restaurant records can be different
Restaurant investigations are challenging since employees must split their time between cooking food serving customers, as well as managing the dining area. An expert witness from the restaurant can explain how these responsibilities affect the decisions employees make during service.
Take a look at an incident that occurred in the dining area that involved an individual who had purchased alcohol at the bar prior to taking an area to sit. The bar receipt may confirm the initial order while records for dining rooms will reflect the subsequent orders.
However, these records may not confirm what the tableserver was aware of about the earlier service. Reexamining server assignments, transaction time notes from management, employee declarations together will assist in determining the order. It is important to recognize distinctions: the fact that alcohol was purchased does not mean that the employees were intoxicated.
Casino Investigations may require different records
The beverage offerings at casinos can be quite different from the ones of the traditional restaurant. Complimentary drinks, mobile cocktail servers, gaming floor supervisors as well as extensive security operations are additional sources of data.
A Casino expert witness can review beverage staffing assignments, security footage, surveillance reports as well as the rules governing employee communication. Traditional sales receipts can be insufficient when drinks are provided for free.
In such circumstances the investigation could depend heavily on surveillance, employee observation and service records, as well as the procedures documented by the building. Experts must recognize the limitations of evidence, rather than relying on insufficient data as proof.
Keep the Evidence in place before it Becomes Unavailable
A major concern in the hospitality litigation field is the preservation of time sensitive records. Surveillance systems could keep recordings for a limited time. Schedules of employees, internal communications and incident records may be kept in various systems or departments. Attorneys should be able to locate relevant records and take the appropriate measures early.
The nature of the investigation will depend on the type of accusations. A restaurant complaint may require documentation for dining and bar areas, while a resort incident could involve event documentation along with transportation arrangements, and security communications. Specific reviews can help determine the records that are crucial without making assumptions that all departments are involved.
The process of preparing paperwork is simpler with experience from the operational side.
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a business he started in the year 2010. He has provided advice to on resort, restaurant, and hotel operators throughout the United States.
His expert witness work includes matters involving restaurants, hotels resorts, casinos, and restaurants for defense and plaintiff attorneys. This operational background can be helpful in the interpretation of records that seem simple to someone not familiar with hospitality management.
Staffing plans, for instance you can identify the person who was given the task. Knowing if the assignments offered sufficient supervision requires an understanding of the property’s service model and operating conditions.
Clarity in the questions is the first step in a more convincing argument
An early expert review will help lawyers distinguish the documented facts from unresolved issues. It can help determine which records are worth requesting and define the operational terms employed in depositions.
Not all discrepancies are indicative of an operational failure. Neither is every policy that proves that the correct procedure was implemented.
The value of expert analysis is to explain the distinctions with relevant evidence and industry-wide practices that are well-known. Attorneys who are preparing for a hospitality lawsuit can benefit from a thorough understanding of the business and its staff prior to interviewing them. This will permit an unbiased investigation of what happened.
