A hotel incident report could contain only a few paragraphs. It is a record of the guest’s name, describes a disturbance that occurred, names the respondent employees and records the date management was notified.
This report may bring up more questions for attorneys than it is able to answer. Who was the person in charge of the employees in this matter? Was surveillance footage preserved? Was the property following its rules? Was the property involved in earlier interactions that weren’t included in the report.
These issues illustrate the reason why hospitality litigation typically necessitates an examination of standard business records before testimony of witnesses commences.
Start With the Documents Created During Normal Operations
The hospitality industry produces records for training, scheduling guests service, scheduling and administration. They are not made for litigation but they could be used to establish how the facility operated during an incident.
A Hospitality expert witness may look over staffing schedules, operating procedures, employee education files, security logs, and surveillance recordings to understand the responsibilities assigned to different personnel. A written policy may require the manager to respond to the employee who complains about an intoxicated client.
The investigation should establish whether the manager was working or if the report was issued, and according to the evidence, what the reaction was. Instead of assuming that procedures were not followed or not, the goal is to determine what actual actions were actually carried out.
There is the need for a different interpretation of the restaurant’s records.
The employees are divided between the catering, beverage prep as well as dining-room management. This creates a challenge for investigation into restaurant operations. A qualified witness in the restaurant industry could help clarify how the decisions of employees affect their decisions based on these responsibilities.
Consider a dining-room incident involving a customer who ordered alcohol at the bar before making the move to a table. The bar receipt can prove the initial purchase while the dining-room transaction records indicate later purchases.
The information in those records might not be revealing what the server knew of the prior service. The combination of server assignments and transaction times, as well as management notes, and employee records can help clarify the process. It is important to recognize an important distinction: the fact that alcohol was purchased does not mean that the staff noticed intoxication.
Casino Investigations May Require Different Records
Casinos operate beverage programs that differ significantly from conventional restaurant service. Drinks are free, there are mobile cocktail servers, gaming-floor supervisors, and extensive security operations provide additional sources of information.
A casino expert witness can analyze beverage staffing and security footage and surveillance. They can also go over the procedures for employee communications. Traditional sales receipts may provide an incomplete account when beverages are complimentary.
In these circumstances the investigation might rely more heavily upon surveillance, employee observations, service records, and the documenting procedures of the property. The expert must also identify any weaknesses in the evidence, rather than relying on an uncomplete document as evidence of an event.
Make sure you save the evidence prior to when it’s no longer available
A major concern in litigation involving hospitality is the protection of time-sensitive documents. The records from surveillance systems could be stored for a short duration. The details about employees’ schedules and internal communications as well as incident documentation may be kept by different departments or by different systems. Attorneys should identify potentially relevant records early and take the appropriate steps in order to safeguard these records.
It depends on the type of claim. Restaurant claims may need documentation for dining and bar areas for instance, while a resort event could involve event documentation, transportation arrangements, and security communications. A targeted review can identify which records are important without assuming that every department was involved.
It is easier to understand the paperwork when you have operational experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a company that he established in the year 2010. He has provided advice to restaurant, resort, and hotel operators throughout the United States.
Expert witness work for him includes matters involving hotels, restaurants, resorts, and casinos for defense and plaintiff attorneys. This operational background can be beneficial when interpreting documents that might seem simple to someone who is not familiar with hospitality management.
Staffing schedules, such as you can identify the person who was given the task. To determine if those assignments were under adequate supervision is dependent on knowing the property’s service model and operating conditions.
Clarity in questions is the first step in stronger arguments
Early expert reviews help lawyers differentiate between unresolved and documented problems. It helps identify documents that merit requesting as well as clarify the operational terminology employed in depositions.
Every discrepancy is not an operational flaw however, not every written policy shows that proper procedures were followed.
It is the significance of an expert’s analysis that demonstrates these distinctions using established best practices in the industry and evidence. Knowing the process prior to interviewing employees in a case can help attorneys prepare a case with a an unbiased and trustworthy examination.