An incident report for the hotel could only be a few paragraphs long. The report lists the guests, explains the disturbance, names the staff who responded and records the time the management was informed.
The report is likely to raise more questions for an attorney than it is able to provide an answer. Who was accountable for supervising the employees? Was surveillance footage preserved? Did the facility follow its policies? Are there any earlier interactions that weren’t recorded?
These questions illustrate why hospitality litigation usually requires an examination of ordinary documents of business before witness testimony commences.
Begin with the documents that were created during normal operations
The hospitality industry’s businesses keep records of guest service, scheduling guest service as well as security, training and management. Even though these documents were not designed to be used in court however, they can be useful in understanding how a business did during a particular incident.
A Hospitality expert witness could examine staffing schedules, operating procedures, employee education files, security logs, and surveillance recordings to learn the responsibilities assigned to different staff members. As an example the policy could state that the manager must respond when an employee informs them of an intoxicated client.
Examining whether or not the manager actually was working on the report, whether or no report had been communicated and the reaction supported by evidence is the objective. The goal is to analyze the actual activities rather than inferring that written procedures were either observed or not.
Restaurant records require their own Interpretation
The investigation process in restaurants is difficult because restaurant employees are required to split their time between cooking food and serving customers as well as managing the dining room. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a scenario in which the customer ordered drinks from the bar and then moved to the table. The bar receipt can be evidence of the initial purchase, whereas the dining room transaction records may document subsequent orders.
But, these records might not be able to prove the knowledge of the tableserver about the prior service. By examining all of the data including servers assigned and transaction times, along with management notes and statements from employees can help to understand the process. There is a distinction to be made The fact that alcohol was offered for sale does not indicate that employees were aware of intoxication.
Casino Investigations may require different forms of documentation
Casino beverage programs are quite different from the ones of the typical restaurant. Cocktails with complimentary drinks, mobile servers, gaming-floor supervisors, as well as extensive security operations are additional sources of information.
An expert witness from a casino can examine beverage staffing assignments, security reports, surveillance footage as well as the rules governing employee communication. Traditional sales receipts could provide an incomplete account when beverages are free.
In these situations the investigation could depend heavily on surveillance, employee observation and service records, as well as the documented procedures of the property. Experts should be aware of the weaknesses of evidence rather than accepting incomplete records as evidence.
You should keep the evidence up to the point that it’s no longer accessible
One issue that can arise in the hospitality litigation field is the protection of time sensitive records. Records from surveillance systems may be retained for a brief time. Different departments or systems may save employee calendars, internal communication as well as incidental documentation. Attorneys need to identify relevant documents and take appropriate actions early.
The nature of the investigation will depend on the type of allegations. For instance, a restaurant may need documents for the dining room or bar. A resort-related incident could need documentation of the event such as travel arrangements or security communications. Specific reviews can help determine what records are essential without assuming that all departments were involved.
Operational Experience Aids in Explaining the Paperwork
Preston Rideout, a hospitality professional since 1996, has experience in bartending and nightclub management and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010 he has advised hotels, restaurants, and resort operators throughout the United States and internationally.
He has served as an expert witness in a variety of cases involving hotels, casinos, resorts as well as restaurants for attorneys representing defense and plaintiffs. The operational background can be useful in the interpretation of records that appear straightforward to someone unfamiliar with the management of hospitality.
A staffing schedule, for example identifies the people who were assigned to work. To determine whether the assignments were proper you should know what the service model is of the building and its operating conditions.
To create a stronger argument Ask more pertinent questions
A quick review by an expert will help attorneys to distinguish between evidence-based facts and questions that remain unanswered. It may help identify which records are worth requesting or clarifying the language employed in depositions.
Each discrepancy does not indicate an operational flaw and not every written policy proves that appropriate procedures were followed.
It is important to have an expert’s assessment that shows these distinctions by using recognized best practices in the industry and evidence. Attorneys preparing for a hospitality lawsuit can benefit from a thorough understanding of the business and its staff before conducting an interview with them. This will enable an unbiased investigation of what happened.