A hotel incident report may comprise only a few paragraphs. It includes the name of the guest, a description of the incident, and the names of the responding staff.
An attorney’s report can cause more questions than it can answer. Who was responsible for supervising these employees? Was surveillance footage preserved? Did the facility follow the rules? There were earlier interactions which were not reflected in the report?
These questions demonstrate the need to study the business records of everyday businesses prior to testimony of witnesses in litigation involving hospitality.
Begin with the Documents that were created During Normal Operations
Hospitality businesses generate records to schedule, train guests service, scheduling, and management. These records weren’t necessarily made for litigation but they could be used to determine how the property operated 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. For instance A written policy could call for a supervisor to act when an employee reports an drunken guest.
Investigating whether or not the manager actually was working on the report, whether or no report was distributed and the reaction evident from the evidence available should be the goal. It is more important to evaluate the actual operation than to assume that written instructions were adhered to or ignored.
Restaurant Records require their own Interpretation
Restaurant investigations are challenging because employees must divide their time between cooking food, serving customers, and managing the dining area. A qualified witness in the restaurant industry can help show how decisions made by employees affect their decisions based on these responsibilities.
Imagine a dining room incident that involved customers who have ordered alcohol at the bar, before changing tables. The bar receipt may document the initial purchase, while the dining-room transaction records indicate later purchases.
However, these documents may not confirm what the tableserver was aware of about the prior service. Reexamining server assignments, transaction time as well as management notes and employee declarations together will aid in understanding the sequence. It is essential to keep a distinction: the fact that alcohol was purchased does not mean that the staff noticed intoxication.
Casino Investigations may require different documents
Casinos offer drink packages that are different from the ones that are offered by restaurants. Other sources of information include complimentary drinks cocktails, mobile servers for drinks and gaming-floor supervisors.
A professional witness from a casino could review the beverage staffing assignments as well as surveillance video including security reports, employees’ communication methods. Traditional sales receipts may provide an incomplete account when beverages are complimentary.
In these situations an investigation can rely heavily on the surveillance records, employee observations and service records as well as the procedures that are documented for the premises. The expert should also be able to identify limitations in the evidence instead of relying on an insufficient document as evidence of an event.
Keep the evidence in place until it is no longer available
One practical concern in the hospitality litigation field is the protection of time sensitive documents. Surveillance systems can keep records for limited periods. Different departments or systems may save employee schedules, internal communications as well as incidental documentation. Attorneys need to identify and archive any relevant records as quickly as is possible.
It’s all about the type of claim. For example, a restaurant may need documents for the dining room or bar. A resort-related incident could require event documentation as well as travel arrangements, or security communications. A targeted review can identify which documents are necessary and not assume that every department is involved.
Understanding the paperwork is easier with operational experience
Preston Rideout has worked in hospitality since 1996, with previous experience in bartending and nightclub management, as well as multi-unit drinks operations. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to restaurant, hotel, and resort operators throughout the United States and internationally.
Expert witness testimony in favor of plaintiffs and defendants has covered issues related to resorts, casinos and restaurants as well as hotels. This knowledge of operations is beneficial when interpreting documents that could seem easy to a person who is not experienced in hospitality management.
A staffing schedule can, for example, identify the individuals who were assigned to work. Understanding the model of service and operational conditions of a property is crucial to establish if the assignments are supervised in a proper manner.
A better case for your argument starts with More lucid questions
An early expert review will help lawyers distinguish between documented facts and unresolved questions. It can help determine which records are worth requesting or clarifying the terms employed in depositions.
Not every discrepancy demonstrates an operational error and not every written policy proves that appropriate procedures were followed.
The value of hospitality experts is that they can explain the distinctions with relevant evidence and industry-wide practices that are well-known. If lawyers are preparing a hospitality case, understanding the company prior to questioning its employees can lead to a more specific, convincing analysis of what actually transpired.