The incident report for a hotel may only contain a few sentences. It contains the name of the guest, a description of the incident, and the names of the people who were involved in the incident.
The report is likely to raise more questions for attorneys than it can answer. Who was the supervisor of the employees involved in this particular case? Was surveillance footage preserved? Was the property following its procedures? Are there any previous interactions that were not recorded in the reports?
These questions demonstrate the need to examine business records before witnesses testify in a case involving hospitality.
Start with the documents created in Normal Operation
Hotels create documents for training, scheduling guests, guest service, security, and administration. Even though these documents weren’t made to aid in litigation, they can help establish how a property functioned in the aftermath of an incident.
A Hospitality expert witness may study staffing plans, operating procedures, employee education documents, security logs and surveillance recordings to understand the duties assigned to different staff members. For example A written policy could call for a supervisor to act when an employee has a complaint about an intoxicated guest.
The investigation should establish whether the manager was in fact working, whether the report was shared, and the response was provided by the evidence. The goal is to evaluate the actual activities rather than inferring that the procedures written down were followed or ignored.
Restaurant records require their own Interpretation
Restaurant investigations present challenges because employees are split between food service, beverage preparation as well as customer demands and dining-room management. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a dining room incident that involved the customer who purchased alcohol at the bar, before taking a seat at a table. The bar receipt can be proof of the initial order, while the dining room records will document the more recent orders.
However, these documents may not prove the information that the tableserver had about the earlier service. Reviewing the server assignments, transaction times, management notes, and employee records together can aid in understanding the sequence. The key difference is: the evidence of alcohol consumption is not automatically evidence that the employee was aware of their intoxication.
Casino Investigations may require different records
Casinos have beverage programs which differ from standard restaurant service. The availability of complimentary drinks cocktails, servers serving drinks on the gaming floor and security personnel can provide additional information.
A professional witness from a casino may examine the assignments for staffing of beverages and surveillance footage, security reports and employee communication protocols. Traditional sales receipts might be insufficient when beverages are free.
In this case the investigation could be based more on surveillance, employees’ observation, service records and documented procedures. The expert should also be able to identify weaknesses in the evidence, instead of relying on an insufficient document as evidence of a specific event.
Keep the Evidence in place before it becomes unavailable
Conserving documents with time-sensitive information is an important concern when it comes to lawsuits involving hospitality. Recordings from surveillance systems can be stored for a short time. Different departments or systems can archive employee calendars, internal communications and incidental documents. Attorneys should be able to locate relevant documents and implement the appropriate measures early.
It’s dependent on the nature of the claim. For example the restaurant might require the records of its dining room and bar. An incident at a resort could need documentation of the event as well as travel arrangements, or security communication. A specific audit helps determine what records are important without taking for granted that every department played some part.
The paperwork is the result of operational experience
Preston Rideout, a hospitality professional since 1996, is experienced in the management of nightclubs and bartending as well as multi-unit drinks operations. Through Rideout Hospitality Consulting, established in 2010 he has advised hotels, restaurants, and resort owners in the United States and internationally.
Expert witness testimony on behalf of plaintiffs and defendants has encompassed issues involving resorts, casinos, restaurants, and hotels. It’s beneficial to have an understanding of hospitality management to interpret documents that look simple to those who aren’t experienced in the field.
Staffing schedules, such as you can identify the person who was given the task. To determine whether the assignments were appropriate you should know the model of service for the facility as well as its operating conditions.
To make a more convincing case and build a stronger case, you must ask better questions.
Early expert reviews help lawyers identify unresolved and documented problems. It will help identify documents that are worthy of requesting and help define the operational terms that is used in depositions.
Some discrepancies are not indicative of a failure in operation. Not every procedure that proves that the right procedures were observed.
The analysis of a professional in the field of hospitality is useful in demonstrating the differences using evidence and industry-recognized practices. Attorneys who are preparing for a hospitality lawsuit will benefit from knowing the operation and its employees prior to interviewing them. This will enable an unbiased analysis of what transpired.