An incident report for the hotel could only be one or two paragraphs. It includes the name of the guest, a description of the issue and the names of the staff members who responded.
The report is likely to raise more questions for attorneys than it is able to provide an answer. Who was the person who was supervising employees who were involved? Was surveillance footage preserved? The facility adhered to its own rules. Was the property involved in earlier interactions not included in the report.
These questions highlight the reason why hospitality litigation typically requires an examination of ordinary business records prior to when witness testimony commences.
Start With the Documents Created in Normal Operation
Businesses in the hospitality industry keep records of guest service, scheduling guest service, training, security and management. Even though these documents were not created for use in litigation however, they can be useful in establishing how a property did during a particular 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 instance one policy may specify that the supervisor must react 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 what response is supported by evidence is the main objective. It is much more important to look at actual actions instead of assuming that the written instructions were followed or not followed.
Restaurant records require their own Interpretation
The employees are split among the food service, beverage prep as well as dining-room management. This presents a problem for investigation into restaurant operations. A restaurant expert witness is able to describe the effect of these duties on the decisions made by employees during service.
Take a look at an incident that occurred in a dining room, involving a patron who purchased alcohol at the bar prior to moving to the table. The bar receipt may document the initial order, while dining-room records will show the orders that were later placed.
But, these records might not prove the information that the tableserver had about the previous service. Reexamining the server’s assignments, transactions times, management notes, and employee statements together can help to clarify the process. An important distinction remains: the evidence of alcohol consumption does not necessarily mean that staff recognized intoxication.
Casino Investigations may require different records
Casinos have drink programs which are distinct from the ones provided by restaurants. Additional sources of information include complimentary drinks, mobile cocktail servers and gaming-floor supervisors.
An expert witness from a casino can look into beverage staffing, surveillance footage and security reports. They can also go over procedures for employee communication. If drinks are offered as a complimentary benefit, traditional sales receipts may be not complete.
In those instances, the investigation may depend on surveillance data employees’ observations, employee documentation, and even the process of the property’s documents. The expert must also identify weaknesses in the evidence, rather than relying on an uncomplete document as evidence of a specific event.
Make sure you save the evidence prior to when it becomes unavailable
The preservation of records that are sensitive is a practical concern for litigation involving hospitality. Surveillance systems could keep recordings for a limited time. Different systems or departments may store employee calendars, internal communications, and incident documents. Attorneys need to identify relevant documents and implement the appropriate steps early.
The required scope is determined by the facts. A restaurant complaint may require bar and dining-room records, while a resort incident could involve event documentation transport arrangements, as well as security communications. It is possible to locate relevant documents by performing an investigation that is specific, not being required to assume that all departments were involved.
Understanding the paperwork is easier when you have operational experience
Preston Rideout has worked in hospitality since 1996, with expertise in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has since provided recommendations to restaurants, hotels and resort owners across the United States.
He has served as an expert witness in cases involving resorts, hotels, casinos and restaurants, for both the plaintiffs and defense counsel. It’s helpful to have some experience in hospitality management for interpreting documents that appear simple for those not experienced in the field.
A staffing schedule can, for example, identify the individuals who were assigned to work. The service model and the operational requirements of a facility is vital to determine if the assignments are supervised in a proper manner.
A Stronger Case Begins With Clearer Questions
An early expert review can help attorneys identify unresolved and documented problems. It could help uncover additional documents to request, define how depositions are conducted, and establish which employee decisions require a closer look.
It is not necessary to prove that a written policy was followed if there are contradictions.
The value of hospitality expert analysis lies in explaining these distinctions using relevant evidence and established industry practices. Attorneys preparing for a hospitality lawsuit could benefit from understanding the operation and its employees before interviewing them. This will allow to conduct a thorough examination of what happened.