The hotel incident report could be a short document with only a few words. The report lists guests, details the disturbance, names the people who responded, and records the time the management was informed.
An attorney’s report could cause more questions than it answers. Who was accountable for supervising the employees? Was surveillance footage preserved? Did the facility follow its policies? Did previous interactions occur that were not recorded in the reports?
These questions show the need to examine ordinary business records prior to witness testimony in litigation involving hospitality.
Start with the documents created during normal operations
Hotels and restaurants keep track of schedules, guest service security, training, and management. Although these records were not designed for use in litigation, they are useful for understanding how a business 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 example the written policy may call for a supervisor to act to an employee who reports an intoxicated guest.
Examining whether or not the manager actually worked and whether or not the report was distributed and the responses confirmed by the evidence should be the primary objective. Instead of concluding that the procedures were not followed or not, the goal is to determine what actual actions actually took place.
Restaurant Records Must Have Their Own Interpretation
Restaurant investigations can be challenging as employees divide their attention among the preparation of beverages, food service customers’ requests, dining-room management. An expert witness from a restaurant can explain the impact of these roles on the choices taken by employees while they serve.
Imagine a dining room incident that involved the customer who purchased alcohol at the bar prior to changing tables. The bar receipt can be evidence of the initial purchase, while restaurant transaction records might record subsequent purchases.
These records might not show what the server knew of the prior service. Examining all the information together like server assignments and transaction times and management notes and employee statements, can help to clarify the process. It is important to distinguish that the fact that alcohol was sold doesn’t automatically indicate that employees have been able to detect intoxication.
Casino Investigations may require different records
Casinos have beverage programs which differ from conventional restaurant service. Free drinks, mobile cocktail servers, gaming-floor supervisors, and extensive security operations create additional sources of information.
A casino expert witness can analyze beverage staffing and security footage, and surveillance videos. They could also examine protocols for employee communication. If drinks are offered as a complimentary service the traditional receipts for sales can be inadequate.
In those instances the investigation might rely more heavily on surveillance records or employee reports, service documents, and the procedure for the property’s documentation. Experts must identify the weaknesses of evidence rather than accepting incomplete records as evidence.
Make sure you keep the evidence until it is no longer available
A major concern in hospitality litigation is the preservation of time sensitive documents. Recordings from surveillance systems can be saved for a specific period of time. Different departments or systems can archive employee schedules, internal communication and incidental documents. Attorneys need to identify relevant records earlier and take the necessary steps to preserve them.
The scope of the necessary investigation is contingent upon the allegations. For instance, a restaurant may need restaurant and bar records. A resort-related incident could need documentation of the event, travel arrangements, or security communications. You can locate relevant documents by performing an investigation that is specific, not being able to conclude that every department was involved.
Operations Experience Helps Explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with prior experience in bartending, nightclub management, and multi-unit drinks operations. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to hotels, restaurants, and resort operators across the United States and internationally.
Expert witness testimony for plaintiffs and defendants has included issues involving resorts, casinos restaurant, hotels, and casinos. This operational background can be helpful when it comes to interpreting data that might seem simple to someone not familiar with the management of hospitality.
A staffing schedule can, for example, identify who was given the task. To determine if the assignments were appropriate you should know the service model of the facility and its operational conditions.
The ability to clearly state the issue is the first step in a more convincing argument
A quick review by an expert will help lawyers distinguish the established facts from ambiguous issues. It can identify records that are worth requesting and define the operational terms employed in depositions.
Not every discrepancy demonstrates an operational issue, and not every written policy demonstrates that the proper procedures were adhered to.
It is the importance of an expert’s assessment that shows the distinctions made by utilizing established best practices in the industry and evidence. Knowing the process prior to conducting an investigation into employees in a hotel matter can help lawyers prepare the case for a an unbiased and trustworthy examination.
