A hotel incident report might consist of a few sentences. It contains the name of the guest, a description of the incident and the names of the people who were involved in the incident.
An attorney’s report may bring more questions than it answers. Who was accountable for supervising these employees? Was surveillance footage preserved? Did the property adhere to its standard procedures? There were earlier interactions that never appeared in the report?
These questions highlight why it is crucial to examine ordinary business records prior to witness testimony in hospitality litigation.
Begin with the documents that are created in normal operation
Records are maintained by hospitality companies for scheduling guest services, training for staff and security management and more. These records were not always made for litigation but they may be used to prove how the hotel operated in 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 the written policy may call for a supervisor to act when an employee has a complaint about an drunken guest.
Examining the incident will determine whether the manager was involved, if the report was submitted, and, based on the evidence, what the response was. Instead of concluding that the procedures were not followed or not it is important to find out what actually occurred.
The interpretation of restaurant records can be different
The investigation process in restaurants is difficult since employees must split their time between cooking food serving customers, as well as managing the dining room. A restaurant expert witness is able to clarify the impact of these responsibilities on decisions taken by employees in service.
Imagine a dining room incident that involved a customer who ordered alcohol at the bar before making the move to a table. The bar receipt could record the order at first, while dining-room records will show the later orders.
But, these records might not prove the information that the tableserver had about the previous service. By examining all of the data, such as the server’s assignments and times of transactions and management notes and employee declarations could help in determining the process. It is important to distinguish when it comes to alcohol: the fact that it was sold does not necessarily suggest that employees are aware of intoxication.
Casino Investigations may require different forms of documentation
Casinos offer beverage services that differ significantly from standard restaurant service. Other sources of information are complimentary drinks cocktails, mobile servers for drinks and gaming floor supervisors.
An expert witness at a casino can examine the assignments for staffing of beverages as well as surveillance footage, security reports and employee communication protocols. The conventional sales receipt may not be valid in the event of complimentary beverages.
In these circumstances, the investigation could rely more heavily on surveillance, employee observation or service records as well as documented procedures. Experts must be aware of the weaknesses of evidence rather than relying on insufficient data as evidence.
Make sure you save the evidence prior to when it’s unavailable
The preservation of documents that are sensitive is a real concern for hospitality litigation. Surveillance systems’ records can be stored for a short time. Different departments or systems may keep employee calendars, internal communications and incidental records. Attorneys must identify and preserve potentially relevant records as soon as is possible.
The scope of the investigation varies on the nature of the accusations. For instance the restaurant might require bar and dining room records. An incident at a resort could need documentation of the event such as travel arrangements or security messages. You can determine relevant documents by performing an examination that is targeted, without having to assume that all departments were involved.
Understanding the paperwork is easier with experience from the operational side.
Preston Rideout is a hospitality veteran with over twenty years of experience. He has held positions in management, bartending and beverage operations across multiple divisions. Rideout Hospitality Consulting is a company he founded in 2010. He has advised restaurants, resorts and hotel operators across the United States.
His expert witness work includes matters that involve hotels, restaurants resorts, casinos, and restaurants for both defense and plaintiff lawyers. This operational background can be helpful in the interpretation of records that seem simple to someone not familiar with hospitality management.
Staffing schedules, like determine who was assigned to work. Understanding whether those assignments provided adequate supervision is dependent on knowing the property’s service model and operational conditions.
The ability to clearly state the issue is the first step towards a stronger argument
An early expert review can help attorneys discern between documented and unresolved issues. It can help determine which records merit requesting as well as define the operational terms used in depositions.
Some discrepancies are not indicative of a failure in operation. Not every procedure that proves that the right procedures were observed.
Expert analysis in hospitality is valuable when it explains the distinctions with relevant evidence and industry-recognized practices. Attorneys preparing for a hospitality lawsuit can benefit from a thorough understanding of the operation and its employees before interviewing them. This allows for to conduct a thorough review of the events that occurred.