A hotel incident report might comprise only a few paragraphs. The report lists the guests, describes the incident, names the employees who responded, and records the time the management was informed.
For attorneys, this report could cause more questions than it addresses. Who was in charge of supervising these employees? Was surveillance footage preserved? The property was following its own policies. Did you have any previous interactions which were not disclosed?
These questions illustrate why hospitality litigation often demands an examination of normal documents of business before witness testimony commences.
Start with the documents created during normal operations
The hospitality industry’s businesses maintain records of scheduling, guest service security, training, and management. These documents were not necessarily intended for litigation however they could be used to establish the operation of the establishment during an 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 could require the manager to respond to an employee who reports an intoxicated client.
The investigation must determine if the manager was working on the report, if it was distributed, and what responses were provided in the evidence. Instead of inferring that procedures were adhered to or not it is important to determine what actual actions were actually carried out.
There is an need for a distinct interpretation of the restaurant’s records.
Restaurant investigations present challenges because employees are split between food service, beverage preparation as well as customer demands and the management of dining rooms. An expert witness from a restaurant can clarify the impact of these responsibilities on the choices taken by employees in service.
Imagine a situation in which someone ordered alcohol from the bar and then transferred to tables. The bar receipt may prove the initial purchase while the dining-room transaction records will show subsequent orders.
But, these records might not provide proof of the knowledge of the tableserver about the previous service. Looking over server assignments, transaction times notes of management and employee declarations together will assist in determining the order. It is important to recognize the distinction that the fact that alcohol was purchased doesn’t mean employees noticed that they were drunk.
Casino Investigations might require other records
Casinos have beverage programs that differ significantly from standard restaurant service. Other sources of information are free drinks as well as mobile cocktail servers, and gaming-floor supervisors.
A Casino expert witness can look over beverage staffing assignments security reports, surveillance footage and employee communications. The typical sales receipt might not be true when complimentary beverages are involved.
In these situations an investigation can rely more on surveillance, employee observation, service records and documented procedures. The expert also needs to recognize limitations in the evidence instead of relying on an insufficient record as proof of an incident.
Make sure you keep the evidence until it’s no longer accessible
A major concern in hospitality litigation is the preservation of time-sensitive documents. Records from surveillance systems may be retained for a brief duration. Schedules of employees, internal communications, and incident records may be kept in different systems or departments. Attorneys need to identify relevant documents and implement the appropriate measures early.
The nature of the investigation will depend on the type of accusations. For instance restaurants may require restaurant and bar records. An incident at a resort could need documentation of the event such as travel arrangements or security communication. You can identify relevant records through an investigation that is specific, not being able to conclude that all departments were involved.
The Paperwork is a result of operational experience
Preston Rideout, a hospitality professional since 1996, has worked in bartending and nightclub management as well as multi-unit drinks operations. Rideout Hospitality Consulting is a company that he established in the year the year 2010. He has advised restaurant, resort and hotel operators across the United States.
His expert witness work includes issues involving hotels, restaurants, resorts, and casinos for defense and plaintiff counsel. This operational background can be helpful in understanding records that appear straightforward to someone who is unfamiliar with hospitality management.
A schedule of staffing includes, for instance, those who were designated to work. Being aware of whether the assignments provide sufficient supervision requires an understanding of the property’s service model and operating conditions.
Clarity in questions is the first step to a more convincing argument
Early expert review assists attorneys identify unresolved and documented problems. It can help identify other records to request, define the terms used in depositions and determine which employee actions require more scrutiny.
Each discrepancy does not indicate an operational error however, not every written policy proves that appropriate procedures were observed.
It is the significance of an expert’s assessment that shows these distinctions using accepted business practices and pertinent evidence. Attorneys who are preparing for a hospitality lawsuit could benefit from understanding the operations and their employees before conducting an interview with them. This will permit an unbiased analysis of what transpired.