The incident report for a hotel may be a short document with only a few words. The report identifies guests, details what happened, names staff who responded and also records when management was notified.
The report can raise more than one question for an attorney. Who was the manager of the employees that were implicated in this incident? Was surveillance footage preserved? The property was following its own policies. Did the property have previous interactions that weren’t included in the report.
These questions highlight the need to study the business records of everyday businesses prior to testimony of witnesses in litigation involving hospitality.
Begin by looking over the documents created in normal business operations.
Records are maintained by hospitality businesses for scheduling, guest services, training of staff and security management and much more. Although these documents weren’t necessarily designed to be used in lawsuits, they can be used to determine the way a property operated during a particular incident.
A Hospitality expert witness could examine staffing schedules, operational procedures, education files, security logs, and surveillance records to comprehend the duties assigned to different personnel. For instance an established policy could call for a supervisor to act to an employee’s report of an intoxicated guest.
Examining the incident will determine if the manager worked and if a report was issued, and from the evidence what the reaction was. It is far more crucial to assess actual operations instead of assuming that the written instructions were followed or ignored.
The interpretation of restaurant records is different
The employees are divided between the food service, beverage preparation, customer requests and dining-room management. This is a major challenge for investigation of restaurants. A restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a dining room incident that involved a customer who ordered alcohol at a bar before making the move to a table. The bar receipt might record the purchase at the beginning, while the records of dining-room transactions indicate later purchases.
The records could not provide the server’s knowledge of the prior service. Examining all the information together such as servers assigned and transaction times together with the management’s notes and statements from employees will help clarify the process. There is a distinction to be made The fact that alcohol was available for sale doesn’t necessarily suggest that employees are aware of the presence of alcohol.
Casino Investigations may require different records
Casinos have beverage programs which are distinct from the ones offered by restaurants. The availability of complimentary drinks as well as cocktail servers at the casino floor, and security personnel can provide additional information.
An expert witness from a casino can review beverage staffing assignments, security footage, surveillance reports and employee communications. Traditional sales receipts might provide an incomplete account when beverages are free.
In these circumstances an investigation can rely more on surveillance, employees’ observation as well as service records and documented procedures. The expert should be able identify any weaknesses in the evidence, and not simply accept a faulty report.
You should keep the evidence up to the point that it is no longer available
One issue that can arise in the hospitality litigation field is the preservation of time sensitive records. Records from surveillance systems may be saved for a specific time. Employee schedules, internal communications and incident documents may be stored in different departments or in different systems. Attorneys need to identify relevant records and take the necessary actions early.
The nature of the investigation will depend on the nature of the accusations. Restaurant claims may need the bar’s and dining room’s records for instance, while a resort event could involve event documentation along with transportation arrangements, and security communications. A specific audit helps determine the relevant records without having to assume that all departments played an important role.
Operations Experience Helps Explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with previous experience in bartending and nightclub management, as well as multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to the hotel, restaurant and resort operators across the United States and internationally.
His expert witness work involves matters involving restaurants, hotels resorts, casinos, and restaurants for defense and plaintiff attorneys. This knowledge of operations is beneficial when interpreting documents that may seem straightforward to someone who is unfamiliar with hospitality management.
A staffing plan, for example identifies those who were given the task of working. Knowing the model of service as well as the operational environment of a building is essential to know if these assignments will provide the appropriate supervision.
Clarity in the questions is the first step towards a stronger argument
An early expert review will aid attorneys in distinguishing between documents and unresolved issues. It may also help identify what records are worth requesting or clarifying the terminology employed in depositions.
Each discrepancy does not indicate an operational issue or a lack of written policy proves that appropriate procedures were followed.
It is the importance of an expert’s assessment that shows these distinctions using established business practices and pertinent evidence. Understanding the operation prior to conducting an investigation into employees in a hotel case can help attorneys prepare an argument that is an unbiased and trustworthy examination.
