A hotel incident report may be a couple of paragraphs. The report identifies the guests, describes the incident, names the people who responded, and records when management was notified.
This report could raise more questions for attorneys than it is able to solve. Who was responsible for supervising the workers who were involved? Was surveillance footage preserved? Did the property follow its standard procedures? Did previous interactions occur that were not recorded in the report?
These issues illustrate why hospitality litigation often necessitates an examination of standard documents of business before witness testimony begins.
Begin by reviewing the documents that were produced in normal business operations.
Companies in the hospitality sector maintain records of scheduling, guest service, training, security and management. These records were not always designed for litigation, but they could be used to establish how the property operated during an incident.
A professional witness in hospitality will scrutinize the scheduling schedules for staff as well as operating procedures, documents for employee training Security logs, security records and surveillance recordings to understand what responsibilities are delegated to what employees. For example A written policy could require a manager to respond to an employee’s report of an drunken guest.
The investigation should determine if the manager was in fact working with the manager, whether the report was shared, and the response the evidence reveals. The goal is to evaluate the actual operation rather than assuming that written guidelines were adhered to or not followed.
Restaurant Records Need Their Own Interpretation
Restaurant investigations present challenges because employees split their attention between food service, beverage preparation as well as customer demands and the management of the dining room. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a dining room incident that involved customers who have ordered alcohol at the bar, before making the move to a table. The bar receipt might document the first purchase while the transactions in the dining room could show subsequent orders.
However, those records might not provide a clear picture of what the table server knew about the prior service. Combining the server assignments with the transaction times, management notes, and employee records will help to clarify the order. A key distinction is that the evidence of alcohol consumption does not mean that staff recognized intoxication.
Casino Investigations Can Require Different Records
Casino beverage plans can be distinct from those at a typical restaurant. Other sources of information are complimentary drinks, mobile cocktail servers and gaming floor supervisors.
A Casino expert witness could review the beverage staffing arrangements, surveillance footage, security reports as well as the rules governing employee communications. The conventional sales receipt may not be true when complimentary beverages are involved.
In these circumstances the investigation may rely on surveillance, employee observation or service records as well as documented procedures. The expert must also identify shortcomings in the evidence instead of relying on an insufficient document as evidence of a specific event.
Conserve the Evidence before It becomes unavailable
The preservation of documents that are sensitive is a significant issue for litigation involving hospitality. Surveillance systems might keep records for short periods. Different systems or departments may save employee calendars, internal communication, and incident documents. Attorneys must identify any relevant records early and take the necessary steps to preserve the records.
It’s all about the type of claim. Restaurant claims may need documents for the dining room and bar as well as a resort incident could need documentation for the event, transportation arrangements, and security communications. Targeted reviews help identify what records are essential and not assume that every department was involved.
Making sense of paperwork is much easier when you have operational experience
Preston Rideout has worked in hospitality since 1996. He has expertise in bartending, nightclub management, and multi-unit drinks operations. Rideout Hospitality Consulting is a company he created in 2010. He has provided advice to restaurant, resort and hotel operators across the United States.
His expert witness work involves matters involving hotels, restaurants, resorts, and casinos for plaintiff and defense counsel. It’s useful to have some experience in hospitality management in order to understand documents that seem simple to those who are not experienced in the field.
A staffing schedule For instance, it identifies who was given the task. To determine if those assignments were under adequate supervision is dependent on knowing the model of service for the property and operational conditions.
To make a more convincing case Ask more pertinent questions
Early expert review helps attorneys discern between documented and unresolved problems. It can help determine which records should be requested and also define the terms employed in depositions.
The reason for discrepancies is not always because of an operational issue. Also, not every policy that proves that the correct procedures were followed.
The analysis of a professional in the field of hospitality is useful when it can explain these distinctions based on relevant evidence and well-known practices. Attorneys preparing for a hospitality lawsuit can benefit from a thorough understanding of the operations and their employees prior to examining them. This will permit an in-depth review of the events that occurred.