The hotel incident reports may comprise only a few sentences. The report details guests who were involved, outlines what happened, names personnel who responded, and records when the management was informed.
The report could raise multiple issues to an attorney. Who was responsible for supervising the employees? Was surveillance footage preserved? Did the facility follow its prescribed procedures? Was the property involved in earlier interactions that were not recorded in the report.
These questions demonstrate the need to examine ordinary business records prior to testimony of witnesses in litigation involving hospitality.
Begin by looking over the documents that were produced during normal operations.
Hospitality businesses generate records for scheduling, training guests service, scheduling and administration. Although they weren’t made to aid in litigation, they can help determine the way a property operated 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. A written policy might require managers to address any employee who has reported an intoxicated customer.
The investigation should determine if the manager was actually working and if the report was distributed, and what response the available evidence documents. The goal is to analyze actual operations rather than assume that the procedures written down were implemented or not.
Restaurant Records Must Have Their Own Interpretation
Restaurant investigations are challenging due to the fact that employees have to divide their time between food preparation in the kitchen, serving customers and managing the dining room. A Restaurant expert witness will explain how these duties influence the choices employees make when they serve.
Think about a dining-room incident that involves a customer who ordered alcohol at the bar before making the move to a table. The bar receipt might record the purchase at the beginning, and the transaction records for dining room transactions indicate later purchases.
These records might not show what the server was aware of about the prior service. Examining the server’s assignments, transactions times notes of management and employee communications together could assist in determining the order. A distinction must be made when it comes to alcohol: the fact that it was sold does not necessarily indicate that employees were aware of intoxication.
Casino Investigations may require different records
Casino beverage plans can be very different from those of a typical restaurant. Free drinks, mobile cocktail servers, gaming floor supervisors as well as extensive security operations are additional sources of information.
An expert witness from a casino can look over the staffing assignments for beverages along with surveillance footage and security reports as well as employee communications procedures. If the beverages are offered as a complimentary benefit, traditional sales receipts can be inadequate.
In such a case an investigation may depend heavily on surveillance available, employee observations and service records as well as the documented procedures of the facility. The expert must also be able to identify any limitations in the evidence and not just accept an incomplete record.
Save the evidence until it’s no longer available
Conserving documents with time-sensitive information is a major concern in litigation which involves hospitality. Certain surveillance systems only preserve the records for a set amount of time. Different departments or systems can archive employee calendars, internal communications, and incident documents. Attorneys should be able to locate relevant records and take the appropriate steps early.
The appropriate scope will depend on the nature of the claims. For instance restaurants may require bar and dining room records. A resort incident may need documentation of the event, travel arrangements, or security messages. A targeted review can identify which records are important and not assume that every department was involved.
Understanding the paperwork is easier when you have experience in the field.
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held roles in management, bartending, and beverage operations for several businesses. Rideout Hospitality Consulting is a company he created in 2010. He has provided advice to on resort, restaurant, and hotel operators throughout the United States.
His work as an expert witness includes matters that involve hotels, restaurants resorts, casinos and hotels for plaintiff and defense counsel. This operational background can be beneficial in the interpretation of records that could seem easy to a person who is not familiar with hospitality management.
A staffing plan For instance, it identifies who was assigned to work. The service model and the operational requirements of a facility is essential to know if these assignments will provide the appropriate supervision.
A Stronger Case Begins With Simpler Questions
A quick review by an expert will aid attorneys in distinguishing between the facts that are documented and those that remain unanswered. It may also help identify what documents merit requesting or clarifying the terminology used to describe depositions.
It is not necessary to prove that a written policy was followed if there are discrepancies.
The analysis of a professional in the field of hospitality is useful when it explains the differences using evidence and industry-recognized practices. Understanding the procedure prior to questioning employees in a hospitality matter can help lawyers prepare a case with a more focused and credible examination.