A hotel incident report could contain only a few paragraphs. It contains the name of the guest, a description of the incident, as well as the names of the people who were involved in the incident.
The report could raise multiple questions for an attorney. Who was in charge of supervising the employees who were involved? Was surveillance footage preserved? Did the facility follow its policies? There were earlier interactions that never appeared in the report?
These questions highlight why hospitality litigation usually requires an examination of ordinary business records before witness testimony begins.
Start with the documents created during normal operations
Records are kept by hospitality firms to record scheduling guest services, training of staff and security, as well as management and many more. Even though the documents were not intended to be used in court but they can be helpful in the purpose of determining how a place performed in the event of a specific incident.
An expert witness in the field of hospitality may examine staffing schedules, and operating procedures as also employee training records, logs of security, and footage from surveillance cameras to determine what responsibilities are assigned to each individual. For instance an established policy could have a manager respond when an employee has a complaint about an drunken guest.
Examining the incident will determine whether the manager was working, if the report was sent, and in light of the evidence, what the manager’s response was. It is more important to evaluate the actual operation instead of assuming that written instructions were adhered to or not followed.
There is a need for a separate understanding of the restaurant’s record.
Restaurant investigations are challenging because employees split their attention between the preparation of beverages, food service, customer requests, and managing the dining area. An expert witness from a restaurant can discuss the effects of these duties on the decisions made by employees during service.
Take a look at an incident that occurred in the dining area that involved a patron who purchased alcohol at the bar prior to taking an area to sit. The bar receipt can document the initial order, and the records from the dining room will record the later orders.
However, those records might not be able to determine the information that the table server had about the earlier service. Reviewing the server’s assignments, transactions times notes from management, employee statements together can assist in determining the order. A distinction needs to be made that the fact that alcohol was sold does not necessarily suggest that employees are aware of intoxication.
Casino Investigations may require different records
The beverage offerings at casinos can be very different from those of the traditional restaurant. The additional drinks that are complimentary cocktails, servers serving drinks on the gaming 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. Traditional sales receipts may provide an incomplete account when beverages are complimentary.
In these circumstances, the investigation may depend more heavily upon surveillance, employee observations, service records, and property’s documented procedures. The expert must also be able to identify any weaknesses in the evidence, and not accept a partial record.
Conserve the Evidence before It becomes unavailable
The preservation of documents that are sensitive is a practical concern for the litigation of hospitality. Surveillance systems could keep recordings for only a short time. Employee schedules, internal communications and incident documents may be stored in different departments or in different systems. Attorneys must identify any relevant documents early and take the appropriate steps in order to secure them.
The scope of the investigation varies on the type of allegations. For example, a restaurant may need documents for the dining room or bar. A resort-related incident could need documentation of the event as well as travel arrangements, or security messages. A targeted review helps establish the relevant records without taking for granted that every department played some part.
Operational Experience helps explain the Paperwork
Preston Rideout, a hospitality professional since 1996, has experience in bartending and nightclub management as well as multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has provided guidance to hotels, restaurants and resort owners across the United States.
Expert witness testimony for plaintiffs as well as defendants has involved matters that involved resorts, casinos restaurant, hotels, and casinos. This operational background can be helpful in the interpretation of records that appear simple to someone unfamiliar with the management of hospitality.
A staffing schedule For instance, it identifies the employees assigned to work. Being aware of whether the assignments provide appropriate supervision requires knowledge of the structure’s service model as well as operational conditions.
A stronger case starts with Clearer Questions
A thorough review of the expert’s work will help attorneys to distinguish between documented facts and unresolved questions. It can help determine which records merit requesting as well as define the terms employed in depositions.
Every discrepancy is not an operational issue however, not every written policy shows that proper procedures were followed.
The value of experts is that they can explain the differences through evidence and established industry practices. Attorneys preparing for a hospitality lawsuit will benefit from knowing the company and its employees prior to interviewing them. This will permit to conduct a thorough examination of what happened.