The incident report for a hotel may comprise only a few sentences. It is a record of the guest’s name and describes the disturbance and identifies the staff who responded and records the date management was notified.
The report could raise multiple issues for an attorney. Who was the person who was supervising employees in question? Was surveillance footage preserved? Did the property follow standard procedures? Did previous interactions occur that weren’t recorded in the reports?
These questions illustrate the reason why hospitality litigation typically necessitates an examination of standard business records before testimony of witnesses begins.
Begin by looking over the documents that were created in normal business operations.
Records are kept by hospitality firms to record scheduling, guest services, training of staff and security, management and more. While these records weren’t created for litigation, they could help establish how a property functioned during an incident.
A professional witness in hospitality might review staffing plans and operating procedures as in addition to employee training files as well as security logs, as well as recordings from surveillance cameras to determine what responsibilities are assigned to each individual. As an example, an official policy might specify that the supervisor must respond when an employee informs them of an intoxicated client.
In the course of investigating the incident, it is important to determine whether the manager was in charge on the incident, if the complaint was made, and from the evidence what was the response. Instead of concluding that the procedures were adhered to or not it is important to assess how the actual operation were actually carried out.
Restaurant Records Need Their Own Interpretation
The employees are split into the catering, beverage prep customer demands and dining-room management. This creates a challenge for investigation of restaurants. A qualified witness in the restaurant industry could help show how decisions made by employees are influenced by these duties.
Imagine a scenario where the client purchased alcohol from the bar and then transferred to an area at a table. The bar receipt could be proof of the initial purchase, and the transaction records for dining room transactions record later purchases.
However, these records might not reveal the information that the table server had about the previous service. Reexamining the server’s assignments, transactions times notes of management and employee declarations together will aid in understanding the sequence. It is essential to keep the distinction that simply because alcohol was consumed does not mean that employees were intoxicated.
Casino Investigations may require different forms of documentation
The beverage offerings at casinos can be significantly different from those offered by a traditional restaurant. Other sources of information are complimentary drinks, mobile cocktail servers and gaming-floor supervisors.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. If drinks are offered as a complimentary service the traditional receipts for sales can be not complete.
In those circumstances the investigation could rely on surveillance data and employee observation, service records, and property’s documented procedures. The expert should also be able recognize any shortcomings in the evidence, and not be content with an insufficient report.
You should keep the evidence up to the point that it’s no more available
The preservation of records that are sensitive is a significant issue for the litigation of hospitality. Certain surveillance systems can only store recordings for a specified period of time. Different departments or systems can keep employee calendars, internal communications and incidental records. Attorneys must identify any relevant records in the early stages and take the appropriate steps in order to secure them.
It’s all about what the claim is. The scope of an investigation will be contingent on the allegations. It is possible to locate relevant records by conducting an in-depth review without having to assume that every department was involved.
The Paperwork is a Result of operational experience
Preston Rideout, a hospitality professional since 1996, has worked in bartending and nightclub management as well as multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010, he has consulted hotel, restaurant, and resort operators across the United States and internationally.
He has been an expert witness in cases involving hotels, casinos, resorts as well as restaurants for the plaintiffs and defense counsel. The operational background can be useful in the interpretation of records that appear straightforward to someone unfamiliar with hospitality management.
A staffing plan can, for example, identify the employees given the task. Knowing if the assignments offered the proper supervision requires understanding of the property’s service model and operating conditions.
To make a more convincing case Ask more pertinent questions
An early review by an expert can help lawyers distinguish between documented facts and unresolved questions. It may identify additional records that are worth seeking, clarify the how depositions are conducted, and establish which employee decisions require more scrutiny.
Each discrepancy does not indicate an operational issue and not every written policy shows that proper procedures were adhered to.
Expert analysis in hospitality is helpful when it clarifies the distinctions with relevant evidence and industry-recognized practices. For attorneys preparing cases involving hospitality, understanding the company prior to questioning its employees can lead to clearer, more accurate investigation of what actually happened.