A hotel incident report may comprise only a few paragraphs. It describes the guest as the source of the incident, describes the incident and names the employees who responded and also records the time management was notified.
For an attorney, that report might cause more questions than it addresses. Who was the person in charge of the employees in this incident? Was surveillance footage preserved? Did the property follow its established procedures? Were there earlier interactions which were not reflected in the report?
These questions illustrate why it is often necessary to examine business records before witnesses testify in a lawsuit regarding hospitality.
Start by looking through the documents that were produced during normal operation
The records are maintained by hospitality firms to record scheduling staff training, guest services and security management and more. These records were not always created for court proceedings, but they could be used to establish how the facility operated during an incident.
A Hospitality expert witness could examine staffing schedules, operating procedures, employee training documents, security logs and surveillance recordings to understand the responsibilities assigned to different employees. For example A written policy could require a manager to respond when an employee reports an drunken guest.
The investigation should determine if the manager was actually working with the manager, whether the report was distributed, and what response the evidence reveals. The goal is to evaluate actual operations rather than assume that written guidelines were implemented or not.
There is an need for a distinct analysis of the restaurant’s registers
The employees are split into the food service, beverage preparation as well as dining-room management. This poses a challenge for investigation of restaurants. An expert witness from the restaurant will explain how these duties affect the decisions employees take during service.
Consider a dining-room incident involving the customer who purchased alcohol at the bar before moving to a table. The bar receipt will document the initial order, and the records from the dining room will record the orders that were later placed.
These records might not show what the server was aware of about the prior service. By examining all of the data, such as the server’s assignments and times of transactions as well as management notes and employee declarations can help to understand the process. A distinction must be made when it comes to alcohol: the fact that it was sold does not necessarily indicate that employees have been able to detect the presence of alcohol.
Casino Investigations may require different records
Casino beverage plans can be quite different from the ones of a typical restaurant. Other sources of information are free drinks cocktails, mobile servers for drinks and gaming floor supervisors.
A certified witness from a casino may examine the assignments for staffing of beverages and surveillance footage including security reports, employee communication procedures. Traditional sales receipts could provide an incomplete account when beverages are free.
In those circumstances the investigation will rely more heavily on available surveillance employees’ observations, employee records, and the documenting procedures of the property. The expert also needs to recognize weaknesses in the evidence, rather than treating an incomplete document as evidence of an event.
Conserve the Evidence before It is lost forever.
The preservation of records that are time sensitive is a significant issue for litigation involving hospitality. Certain surveillance systems can only store records for a specific period of time. Different departments or systems may keep employee calendars, internal communications and incidental documents. Attorneys should identify and save the records that may be pertinent as soon as is possible.
The scope of the investigation depends on the type of accusations. For instance restaurants may require bar and dining room records. A resort-related incident could require documentation for an event such as travel arrangements or security messages. It is possible to determine relevant records through a targeted review, without having to assume that every department was involved.
It is easier to understand the paperwork with operational experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has since provided advice to restaurant, hotel and resort owners across the United States.
Expert witness testimony on behalf of plaintiffs and defendants has included issues involving resorts, casinos restaurant, hotels, and casinos. It’s helpful to have a background in hospitality management to interpret documents that appear simple to those who are not familiar with the business.
Staffing schedules, like, identify who has been given the task. To determine if these assignments were appropriate, you need to know what the service model is of the property and its operating conditions.
Clarity in the questions is the first step in stronger arguments
Early review by experts can assist attorneys in separating established facts from ambiguous issues. It can help determine which records merit requesting as well as define the terms employed in depositions.
Each discrepancy does not indicate an operational failure however, not every written policy demonstrates that the proper procedures were observed.
The analysis of a professional in the field of hospitality is valuable when it clarifies the distinctions with relevant evidence and recognized practices. When lawyers prepare the case for a hospitality client, understanding the business prior to questioning its employees could lead to a more focused, credible review of the actual events.