The hotel incident report could be a short document with only a few words. It contains the name of the guest, the description of the disturbance as well as the names of the personnel who attended to the incident.
For attorneys, this report might raise more questions than it answers. Who was the manager of the employees that were implicated in this particular case? Was surveillance footage preserved? Did the facility follow its procedures? Are there any earlier interactions that were not recorded?
These questions illustrate why hospitality litigation often necessitates an examination of standard business records before testimony of witnesses begins.
Start with the documents created in Normal Operation
The records are maintained by hospitality businesses for scheduling, guest services, training for staff, security, management, and much more. While these records were not intended to be used in litigation but they can be helpful in documenting how a facility performed in the event of a specific incident.
An expert witness in the field of hospitality may examine staffing schedules, and operating procedures as along with employee training documents, logs of security, and footage from surveillance cameras to determine the responsibilities that are given to each employee. A written policy might require the manager to respond to the employee who complains about an intoxicated client.
The investigation must determine if the manager was working and if the report was distributed, and what response the evidence reveals. It is more important to evaluate the actual operation than to assume that the written instructions were followed or not observed.
Restaurant Records require their own Interpretation
The employees are divided between the catering, beverage prep customer demands and dining-room management. This presents a problem for restaurant investigations. A restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a scenario in which someone ordered alcohol at the bar, and later transferred to an area at a table. The bar receipt can be evidence of the initial purchase, whereas the table transaction records could record subsequent purchases.
However, these documents may not be able to prove what the tableserver knew about the earlier service. Examining the server’s assignments, transactions times notes of management and employee declarations together will help to clarify the process. An important distinction remains: evidence that alcohol was purchased is not automatically evidence that employees were aware of intoxication.
Casino Investigations might require other records
Casinos have beverage programs that can differ substantially from standard restaurant service. The addition of complimentary drinks, cocktail servers at the casino floor and security personnel are all sources of additional information.
A certified witness from a casino could review the assignment of staff to drink and surveillance footage, security reports and employees’ communication methods. The standard sales receipt may not be correct when complimentary beverages are involved.
In these circumstances an investigation can rely more on surveillance, employees’ observation service records, and other documented procedures. The expert must be able to spot any flaws in the evidence and not just accept an incomplete document.
Conserve the Evidence before It Does Not Remain Available
Preserving time-sensitive documents is a major concern in the context of litigation involving hospitality. Surveillance systems might keep records for a limited time. Employee schedules, internal communications, and incident records may be kept in various systems or departments. Attorneys must identify and preserve potentially relevant records as soon as is possible.
It is contingent on what the claim is. For instance the restaurant might require bar and dining room records. An incident at a resort could need documentation of the event as well as travel arrangements, or security communication. You can determine relevant records through an in-depth review without being required to assume that every department was involved.
Operational Experience helps explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with expertise in bartending, nightclub management, and multi-unit drinks operations. Through Rideout Hospitality Consulting, established in 2010 he has advised restaurant, hotel, and resort operators across the United States and internationally.
He has served as an expert witness in cases involving hotels, casinos, resorts and restaurants for the defense and plaintiffs. It’s helpful to have an understanding of hospitality management to interpret documents that seem straightforward to those who aren’t experienced in the field.
A staffing plan, for example identifies the people who were given the task of working. To determine whether the assignments were appropriate you should know what the service model is of the building and its operating conditions.
A better case for your argument starts with Clarer Questions
An early review by an expert can aid attorneys in distinguishing between documented facts and unresolved questions. It can help determine which records merit requesting as well as define the terms that is used in depositions.
It is not necessary to prove that a written policy was followed if there are divergences.
It is the value of an expert’s analysis that demonstrates the distinctions made by utilizing established practice in the field and supporting evidence. When lawyers prepare a hospitality case, understanding the business prior to questioning its employees could lead to a more specific, convincing examination of what actually occurred.