The incident report for a hotel may just be a few paragraphs. The report details the guests, describes the disturbance, names the people who responded, and also records when management was notified.
The report can raise multiple issues for an attorney. Who was in charge of supervising the employees? Was surveillance footage preserved? The facility adhered to its own rules. Did the property experience any prior interactions that weren’t included in the report.
These questions highlight why litigation involving hospitality often necessitates an examination of standard business records prior to when witness testimony commences.
Start with the documents created in normal operation
Businesses in the hospitality industry keep track of schedules, guest service as well as security, training and management. Even though the documents were not designed to be used in litigation but they can be helpful in establishing how a property was able to perform during an incident.
A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to understand the responsibilities assigned to different personnel. For example A written policy could call for a supervisor to act when an employee reports an intoxicated guest.
Investigating the incident should determine whether the manager was involved, if the report was made, and from the evidence what the reaction was. Instead of inferring that procedures were followed or ignored The goal is to determine what actual actions were actually carried out.
There is a need for a separate interpretation of the restaurant’s records.
The employees are split among the catering, beverage prep as well as dining-room management. This poses a challenge for investigation into restaurant operations. An expert witness for Restaurants can explain how these responsibilities influence the choices employees make during service.
Think about an incident in the dining room that involves someone who bought alcohol at the bar prior moving to a seat. The bar receipt will be proof of the initial order, while dining-room records will show the orders that were later placed.
The records could not provide the server’s knowledge of the previous service. By examining all of the data including server assignments and time-of-transactions together with the management’s notes and employee statements will help clarify the sequence. A distinction needs to be made that the fact that alcohol was available for sale doesn’t necessarily suggest that employees are aware of the presence of alcohol.
Casino Investigations Can Require Different Records
Casino beverage plans can be very different from those of a traditional restaurant. Free drinks, mobile cocktail servers, gaming floor supervisors and extensive security procedures create other sources of information.
A certified witness from a casino can examine the assignments for staffing of beverages and surveillance footage, security reports and employee communications procedures. The typical sales receipt might not be accurate when complimentary drinks are involved.
In those instances the investigation might rely more heavily on surveillance records, employee observations, service records, and the procedure for the property’s documentation. The expert should be able to spot any shortcomings in the evidence, and not be content with an insufficient record.
You should keep the evidence up to the point that it’s no longer available
The preservation of documents that are sensitive is a practical concern for hospitality litigation. Some surveillance systems only keep recordings for a certain period of time. Employee schedules, internal communications and incident documentation may be stored in different departments or systems. Attorneys need to identify and archive documents that could be relevant as quickly as possible.
The necessary scope depends on the nature of the claims. The extent of the investigation will depend on the accusations. A specific audit helps determine what records are important without taking for granted that every department played an important function.
Operational Experience Helps Explain the Paperwork
Preston Rideout, a hospitality professional since 1996, has experience in nightclub management and bartending in addition to multi-unit drink operations. Rideout Hospitality Consulting is a business he started in the year 2010. He has provided advice to restaurant, resort and hotel operators across the United States.
Expert witness testimony on behalf of plaintiffs and defendants has covered matters involving casinos, resorts, restaurants, and hotels. It’s useful to have some experience in hospitality management when interpreting documents that look simple for those not experienced in the field.
Staffing schedules, for example determine who was assigned to work. To determine if the assignments were appropriate it is necessary to understand what the service model is of the property and its operating conditions.
A Stronger Case Begins With Simpler Questions
A thorough review of the expert’s work will assist attorneys in separating evidence-based facts and questions that remain unanswered. It may identify additional records that are worth seeking, clarify the operational terminology for depositions, and determine which employee actions require more scrutiny.
Every discrepancy is not an operational failure and not every written policy demonstrates that the proper procedures were adhered to.
It is the value of an expert’s analysis that demonstrates these distinctions using established practice in the field and supporting evidence. In the case of attorneys who are working on the case for a hospitality client, understanding the company prior to questioning its employees could lead to a clearer, more accurate investigation of what actually happened.