The hotel incident report may only contain a few sentences. It contains the name of the guest, a description of the incident and the names of the people who were involved in the incident.
This report could raise more questions for an attorney than it is able to solve. Who was the supervisor of the employees involved in this particular case? Was surveillance footage preserved? The property followed its own procedures. Did the property have previous interactions not included in the report.
These issues illustrate why litigation involving hospitality often requires an examination of ordinary business records before testimony of witnesses begins.
Begin by examining the documents made during normal operations
The hospitality industry’s businesses keep records of scheduling, guest service along with security and management. Even though the documents weren’t created to be used in litigation They are helpful for the purpose of determining how a place 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. As an example the policy could say that the manager has to respond if an employee informs them of an intoxicated client.
Investigating whether or if the manager was actually working and whether or not the report had been communicated and the reaction supported by evidence is the main objective. It is more important to evaluate the actual operation as opposed to assuming that the written instructions were followed or ignored.
There is an need for a distinct interpretation of the restaurant’s records.
Investigations in restaurants are difficult due to the fact that employees have to divide their time between cooking food in the kitchen, serving customers and managing the dining area. A restaurant expert witness is able to discuss the effects of these duties on the decisions made by employees during service.
Take a look at an incident that occurred in the dining room involving someone who bought drinks at the bar prior to taking an area to sit. The bar receipt will confirm the initial order while records for dining rooms will reflect the subsequent orders.
But, these records might not be able to prove what the tableserver knew about the previous service. Reviewing the server assignments, transaction times as well as management notes and employee records together can help clarify the sequence. The key difference is: the evidence of alcohol consumption is not automatically evidence that the staff member was intoxicated.
Casino Investigations can require different forms of documentation
Casinos have beverage programs that are different than the ones that are offered by restaurants. The addition of complimentary drinks and cocktail servers at the casino floor and security personnel can provide additional information.
An expert witness from a casino can review beverage staffing, security footage and surveillance. They can also look over protocols for employee communication. The conventional sales receipt may not be valid in the event of complimentary beverages.
In these circumstances the investigation may rely more on surveillance, employees’ observation as well as service records and documented procedures. Experts must identify the limitations of evidence, instead of relying on incomplete records as proof.
Save the evidence before it becomes unavailable
The preservation of documents that are time sensitive is a significant issue for the litigation of hospitality. Records from surveillance systems may be stored for a short time. Different departments or systems may save employee schedules, internal communication, and incident documents. Attorneys need to identify relevant documents and implement the appropriate actions early.
It’s dependent on what the claim is. The scope of an investigation will be contingent on the accusations. Specific reviews can help determine which documents are necessary without presuming that all departments were involved.
Operational Experience Helps Explain the Paperwork
Preston Rideout, a hospitality professional since 1996, is experienced in managing nightclubs and bartending in addition to multi-unit drink operations. Through Rideout Hospitality Consulting, established in 2010, he has consulted the hotel, restaurant and resort owners in the United States and internationally.
His expert witness work includes matters involving hotels, restaurants, resorts, and casinos for both defense and plaintiff lawyers. His operational knowledge is helpful in the interpretation of records that appear straightforward to someone unfamiliar with hospitality management.
Staffing schedules, such as, identify who has been 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 help build a stronger case to build a stronger case, ask more questions
An early review by an expert can assist attorneys in separating evidence-based facts and questions that remain unanswered. It may identify additional records worth requesting, clarify operational terminology for depositions, and establish which employee decisions need closer scrutiny.
It is not necessary to demonstrate that a written policy was followed in the event of divergences.
It is important to have an expert’s report that illustrates these distinctions by using recognized industry practices and relevant evidence. Attorneys who are preparing for a hospitality lawsuit can benefit from understanding the company and its employees before conducting an interview with them. This will allow to conduct a thorough examination of what happened.