A hotel incident report could contain only a few paragraphs. It is a record of the guest’s name who caused the disturbance and names the employees who responded, and records the time management was notified.
The report can raise multiple issues to an attorney. Who was in charge of supervising the employees that were involved? Was surveillance footage preserved? Was the property following its rules? Did previous interactions occur that weren’t recorded in the reports?
These issues illustrate why hospitality litigation often requires an examination of ordinary documents of business before witness testimony begins.
Begin by looking over the documents that were produced in normal business operations.
Documents are kept by hospitality businesses for scheduling, guest services, training for staff and security, as well as management and more. These records were not always intended for litigation however they could be used to prove the operation of the establishment during an incident.
A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to learn the duties assigned to different personnel. For instance one policy may state that the manager must respond to an employee who informs them of an intoxicated client.
Investigating whether or if the manager actually was working, whether or not the report was distributed and what response is confirmed by the evidence should be the primary objective. It is far more crucial to examine the actual performance of the operation rather instead of assuming that written directives were followed or not followed.
There is an need for a distinct interpretation of the restaurant records
Restaurant investigations can be difficult since employees must split their time between food preparation serving customers, as well as managing the dining area. A qualified witness in the restaurant industry could help clarify how the decisions of employees are influenced by these duties.
Imagine a dining room incident that involved the customer who purchased alcohol at the bar prior to moving to a table. The bar receipt may document the first purchase while the transactions in the dining room could record subsequent purchases.
But, these records might not provide proof of the knowledge of the tableserver about the previous service. Looking at all the data together like server assignments and time-of-transactions, along with management notes and employee statement, can help to clarify the process. An important distinction remains: the fact that alcohol was bought isn’t necessarily proof that the staff member was intoxicated.
Casino Investigations may require different documents
Casinos have beverage programs that are different from the ones offered by eateries. The availability of complimentary drinks as well as cocktail servers at the casino floor and security personnel can provide additional information.
A professional witness from a casino could look over the staffing assignments for beverages as well as surveillance video and security reports as well as employees’ communication methods. The conventional sales receipt may not be correct when complimentary beverages are involved.
In such a case, an investigation might depend on surveillance, employee observation and service records, in addition to the procedures that are documented for the property. The expert also needs to recognize limitations in the evidence instead of taking an insufficient record as proof of an event.
Make sure you save the evidence prior to when it’s no longer available
The preservation of documents that are time sensitive is an important concern in litigation related to hospitality. Surveillance systems can keep records for short periods. Schedules of employees, internal communications, as well as incident-related documentation could be stored in different departments or in different systems. Attorneys need to identify relevant documents and take appropriate steps in the early stages.
The required scope is determined by the nature of the claims. A restaurant case may require documentation for dining and bar areas and a resort-related incident could involve event documentation, transportation arrangements, and security communications. A targeted review can identify the records that are crucial without making assumptions that every department is involved.
The Paperwork is a Product of Operational Experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a company he created in the year 2010. He has provided advice to the resort, restaurant, and hotel operators throughout the United States.
Expert witness testimony in favor of plaintiffs as well as defendants has involved issues related to resorts, casinos and restaurants as well as hotels. It’s beneficial to have a background in hospitality management in order to understand documents that look simple to those who are not familiar with the industry.
Staffing schedules, like determine who was assigned to work. To determine if those assignments were under adequate supervision is dependent on knowing the service model of the facility and its operational conditions.
To make a more convincing case and build a stronger case, you must ask better questions.
An early expert review can help attorneys discern between documented and unresolved issues. It may also help identify what records are worth requesting or defining the terms used for depositions.
It is not required to demonstrate that a written policy was adhered to if there are differences.
The value of experts is that they can explain those distinctions through relevant evidence and accepted industry practices. In the case of attorneys who are working on the case for a hospitality client, understanding the business prior to questioning its employees could lead to a more precise, reliable analysis of what actually transpired.