The incident report for a hotel may only contain a few sentences. It describes the guest, describes a disturbance, names the responding employees and details the time management was notified.
The report could raise multiple issues to an attorney. Who was in charge of supervising the employees? Was surveillance footage preserved? Was the property following the rules? There were earlier interactions that never appeared in the reports?
These questions illustrate why it is crucial to review business records of every day use prior to testimony of witnesses in hospitality litigation.
Start with the documents created during normal operations
The hospitality industry’s businesses keep records of scheduling, guest service security, training, and management. Although these documents weren’t necessarily created for litigation, they can help determine how a facility performed in the event of a specific incident.
A Hospitality expert witness could look over staffing schedules, operational procedures, training files, security logs, and surveillance records to comprehend the responsibilities given to different personnel. A written policy might require that a manager respond to the employee who complains about an intoxicated client.
The investigation should determine if the manager was actually working, whether the report was distributed, and what response was provided by the evidence. It is important to evaluate the actual operation instead of assuming that written instructions were adhered to or not observed.
Restaurant Records require their own Interpretation
Restaurant investigations can be difficult because restaurant employees are required to split their time between food preparation in the kitchen, serving customers and managing the dining room. A restaurant expert witness can explain how these responsibilities influence the choices employees take during service.
Take a look at an incident that occurred in the dining room that involves a patron who purchased drinks at the bar prior to taking an area to sit. The bar receipt may document the initial purchase, while transactions in the dining room could document subsequent orders.
Those records may not reveal what the server was aware of about the prior service. Examining all the information together such as server assignments and transaction times, along with management notes and employee statements will help clarify the process. It is important to make a distinction: simply because alcohol was consumed doesn’t mean the employees were intoxicated.
Casino Investigations can require different forms of documentation
Casinos have beverage programs that are different from those provided by restaurants. The inclusion of complimentary drinks and cocktail servers at the casino floor and security personnel can provide additional information.
A Casino expert witness may look over beverage staffing assignments surveillance footage, security reports as well as the rules governing employee communications. The typical sales receipt might not be correct when complimentary drinks are involved.
In these circumstances the investigation could be heavily based on the surveillance, employee observation and service records, as well as the documented procedures of the facility. The expert needs to also recognize limitations in the evidence rather than treating an incomplete document as evidence of an incident.
Conserve the Evidence before It becomes unavailable
One of the main concerns in litigation involving hospitality is the preservation of time-sensitive records. Records from surveillance systems may be retained for a brief period of time. Different departments or systems may archive employee schedules, internal communication and incidental documents. Attorneys should identify and save potentially relevant records as soon as possible.
The nature of the investigation will depend on the nature of the accusations. The extent of an investigation will be contingent on the accusations. It is possible to locate relevant records by conducting an examination that is targeted, without needing to presume that all departments were involved.
Operations Experience Helps Explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010 he has advised hotel, restaurant, and resort owners in the United States and internationally.
He has been an expert witness in trials involving hotels, casinos, resorts and restaurants, for both the defense and plaintiffs. This operational background can be helpful when interpreting records that may seem straightforward to someone who is not familiar with hospitality management.
A staffing plan, for instance, identifies who was assigned to work. To determine if those assignments were under sufficient supervision requires an understanding of the structure’s service model as well as operating conditions.
To help build a stronger case, ask better questions
Early expert review helps attorneys differentiate between unresolved and documented problems. It can help determine which records should be requested and also clarify the terminology employed in depositions.
Not all discrepancies are indicative of an operational failure. Neither is every policy that proves the correct procedures were followed.
It is the value of an expert’s report that illustrates these distinctions using accepted business practices and pertinent evidence. Attorneys who are preparing for a hospitality lawsuit could benefit from understanding the business and its staff prior to examining them. This will allow to conduct a thorough analysis of what transpired.
