A hotel incident report might contain only a few paragraphs. The report lists the guests, describes the incident, names the employees who responded, and records the time the management was informed.
The investigation could bring up multiple issues for an attorney. Who was the supervisor of the employees involved in this particular case? Was surveillance footage preserved? The facility had its own procedure. Did the property have earlier interactions that weren’t recorded in the report.
These questions illustrate why hospitality litigation often demands an examination of normal business records before witness testimony begins.
Start with the documents created during normal operations
Businesses that operate in the hospitality industry create records to schedule, train and guest service, security and management. Even though these documents were not created to be used in court, they are useful for documenting how a facility did during a particular incident.
A professional witness in hospitality will scrutinize the scheduling schedules for staff and operating procedures as well as the employee’s training records, security logs and surveillance recordings to be aware of the responsibilities delegated to what employees. For instance an established policy could oblige a manager to take action when an employee has a complaint about an drunken guest.
The investigation should determine if the manager was working, whether the report was distributed, and what response was provided by the evidence. The objective is to assess the actual activities rather than inferring that written procedures were either implemented or not.
There is the need for a different interpretation of the restaurant’s records.
Restaurant investigations can be difficult since employees must split their time between food preparation and serving customers as well as managing the dining area. An expert witness from the restaurant can discuss how these responsibilities impact the choices that employees take during service.
Think about a dining-room incident that involves the customer who purchased alcohol at a bar before changing tables. The bar receipt can be proof of the initial order, and the records from the dining room will record the more recent orders.
However, the records may not reveal the information that the table server had about the prior service. The combination of server assignments the time of transactions, managerial notes, and employee records will help to clarify the order. It is important to recognize distinctions: the fact that alcohol was purchased does not mean that the staff noticed intoxication.
Casino Investigations can require different forms of documentation
Casinos offer drink packages that are different than those provided by restaurants. The additional drinks that are complimentary, cocktail servers 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. The standard sales receipt may not be valid in the event of complimentary beverages.
In these situations an investigation can rely more on surveillance, employees’ observation, service records and documented procedures. Experts must be aware of the weaknesses of evidence rather than relying on insufficient data as proof.
Save the evidence before it’s no longer available
Preserving time-sensitive documents is a major concern when it comes to lawsuits which involves hospitality. Surveillance systems may retain recordings for only a short time. Different systems or departments may archive employee calendars, internal communications and incidental records. Attorneys need to identify relevant records earlier and take the appropriate steps in order to protect the records.
The scope of the necessary investigation is contingent upon the facts. For instance, a restaurant may need restaurant and bar records. A resort incident might need documentation of the event as well as travel arrangements, or security communications. A targeted review helps establish what records are important without presuming that every department had some function.
The Paperwork is a result of Operating Experience
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held positions in management, bartending, as well as beverage operations for multiple divisions. Rideout Hospitality Consulting was established in 2010 and has been providing assistance to hotel, restaurant and resort owners across the United States.
He has been an expert witness in cases involving hotels, casinos, resorts as well as restaurants for plaintiffs’ and defense counsel. It is helpful to have a background in hospitality management in order to understand documents that appear simple for those not familiar with the industry.
A schedule of staffing includes, for instance, those who were designated to work. To determine if those assignments were proper, you need to know the structure of the facility and its operational conditions.
To help build a stronger case and build a stronger case, you must ask better questions.
An early review by an expert can assist attorneys in separating documented facts and unresolved questions. It can help determine which records are worth requesting or clarifying the terminology used for depositions.
Not every discrepancy demonstrates an operational issue or a lack of written policy shows that proper procedures were observed.
It is the value of an expert’s assessment that shows the distinctions made by utilizing established industry practices and relevant evidence. For attorneys preparing the case for a hospitality client, understanding the operation before questioning its employees can lead to a more focused, credible examination of what actually occurred.