A hotel incident report might contain only a few paragraphs. The report lists guests who were involved, outlines the incident, names the personnel who responded, and records when the management was informed.
An attorney’s report might bring more questions than it provides answers. Who was in charge of supervising the employees involved? Was surveillance footage preserved? Did the property follow the rules? Are there any earlier interactions which were not disclosed?
These questions illustrate the reason why hospitality litigation typically necessitates an examination of standard business records prior to when witness testimony begins.
Begin with the documents that are created in normal operation
The hospitality industry produces records to schedule, train guests, guest service, security, and administration. Even though these documents weren’t made to aid in litigation, they can help determine the way a property operated during an incident.
An expert witness in hospitality could review the staffing schedules and operating procedures as well as employee training files or logs of security and footage from surveillance cameras to determine the roles that are assigned to each employee. For instance an established policy could oblige a manager to take action to an employee’s report of an intoxicated guest.
The investigation should determine if the manager was on duty with the manager, whether the report was shared, and the response was provided by the evidence. Instead of assuming that procedures were adhered to or not It is more important to find out what actually took place.
There is a need for an independent interpretation of the restaurant records
Restaurant investigations are challenging since employees must split their time between food preparation in the kitchen, serving customers and managing the dining space. An expert witness from a restaurant can describe the effect of these roles on the choices taken by employees while they serve.
Think about an incident in the dining room that involves someone who bought drinks at the bar prior to taking a table. The bar receipt will document the initial order, while dining-room records will show the more recent orders.
However, these records might not be able to determine what the table server was aware of about the previous service. Examining all the information together like server assignments and time-of-transactions and management notes and employee declarations could help in determining the sequence. A key distinction is that the fact that alcohol was bought is not automatically evidence that employees were aware of intoxication.
Casino Investigations may require different forms of documentation
Casinos operate beverage programs which differ from traditional restaurant services. Other sources of information are complimentary drinks serving mobile cocktails, mobile cocktail servers as well as gaming floor supervisors.
A Casino expert witness could look over beverage staffing assignments security footage, surveillance reports and employee communication. If the beverages are offered as a complimentary service traditional sales receipts can be incomplete.
In such circumstances an investigation can rely heavily on the surveillance, employee observation and service records, as well as the procedures that are documented for the property. Experts should be aware of the limitations of evidence, rather than relying on insufficient data as proof.
Save the Evidence Prior to It Becomes Unavailable
The preservation of records that are time sensitive is an issue for the litigation of hospitality. Some surveillance systems will only save recordings for a certain period of time. Employee schedules, internal communications, as well as incident-related documentation could be archivalized in different departments or in different systems. Attorneys should identify and save documents that could be relevant as quickly as is possible.
The appropriate scope will depend on the facts. The scope of the investigation will depend on the accusations. A specific review can help determine the relevant records without having to assume that all departments played some role.
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. Through Rideout Hospitality Consulting, established in 2010, he has advised hotel, restaurant, and resort operators in the United States and internationally.
He has been an expert witness in the case of hotels, casinos, resorts and restaurants, for both attorneys representing defense and plaintiffs. The operational background is helpful in understanding records that might seem simple to someone who is not experienced in hospitality management.
Staffing schedules, for example determine who was assigned to work. Being aware of whether the assignments provide appropriate supervision requires knowledge of the property’s service model and operational conditions.
Clarity in the questions is the initial step to an argument that is stronger
An early expert review will help lawyers distinguish between documented facts and unresolved questions. It can help identify other records to request, define operational terminology for depositions, and establish which employee decisions require a closer look.
It is not required to show that a written policy was followed when there are contradictions.
It is the importance of an expert’s analysis which demonstrates these distinctions using established best practices in the industry and evidence. Attorneys who are preparing for a hospitality lawsuit will benefit from knowing the business and its staff before conducting an interview with them. This will allow a more focused analysis of what transpired.