A hotel incident report might comprise only a few paragraphs. It contains the name of the guest, the description of the incident as well as the names of the responding staff.
The report is likely to raise more questions for an attorney than it can be able to. Who was the person who was supervising employees that were involved? Was surveillance footage preserved? Did the property follow its established guidelines? Are there any interactions that occurred prior to the property that weren’t documented?
These questions demonstrate why it’s important to examine ordinary business records prior to witness testimony in hospitality litigation.
Start With the Documents Created in Normal Operation
Businesses in the hospitality industry keep track of schedules, guest service security, training, and management. Even though these documents were not intended for use in litigation They are helpful for understanding how a business performed in the event of a specific incident.
A professional witness in hospitality may examine staffing schedules, and operating procedures, as well as employee training files and logs of security and surveillance camera recordings to determine the roles that are given to each employee. For instance an example, a policy that is official may stipulate that the manager should respond if an employee notifies them of a drunk client.
The investigation should determine if the manager was working, whether the report was distributed, and what responses were provided in the evidence. The goal is to analyze the actual activities rather than inferring that written guidelines were observed or not.
Restaurant Records Need Their Own Interpretation
The employees are split into the food service, beverage prep as well as dining-room management. This presents a problem for restaurant investigations. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a situation in which the client purchased alcohol at the bar before being moved to a table. The bar receipt could document the initial order, and the records from the dining room will record the later orders.
These records might not show what the server knew of the prior service. Combining the server assignments and transaction times, as well as management notes, and employee records could help in determining the sequence. An important distinction remains: the evidence of alcohol consumption does not mean that the employee was aware of their intoxication.
Casino Investigations may require different records
The beverage offerings at casinos can be quite different from the ones of the traditional restaurant. Additional sources of information are free drinks cocktails, mobile servers for drinks and gaming floor supervisors.
A Casino expert witness may look over beverage staffing assignments security reports, surveillance footage as well as the rules governing employee communication. Traditional sales receipts might provide an incomplete account when drinks are provided for free.
In these circumstances the investigation will rely more heavily on surveillance records or employee reports, service records, and the documenting procedures of the property. The expert needs to also recognize limitations in the evidence rather than relying on an uncomplete record as proof of a particular event.
Save the Evidence Prior to It becomes unavailable
One issue that can arise when it comes to hospitality litigation is the protection of time sensitive documents. Records from surveillance systems may be kept for a limited duration. Different departments or systems may store employee calendars, internal communications as well as incidental documentation. Attorneys must be aware of relevant documents and take appropriate measures early.
It depends on the type of claim. A restaurant complaint may require bar and dining-room records as well as a resort incident could require documentation of the event, transportation arrangements, and security communications. Targeted reviews help identify which records are important without presuming that every department is involved.
Operational Experience Aids in Explaining the Paperwork
Preston Rideout, a hospitality professional since 1996, has experience in nightclub management and bartending in addition to multi-unit drink operations. Rideout Hospitality Consulting was established in 2010 and has been providing guidance to hotels, restaurants and resort operators across the United States.
He has been an expert witness in trials involving resorts, hotels, casinos and restaurants for attorneys representing defense and plaintiffs. The operational background can be useful in interpreting documents that might seem simple to someone not familiar with hospitality management.
A list of staffing plans is a good example. It lists the employees who were assigned to work. Knowing the service model and the operational environment of a building is vital to determine if these assignments offer adequate supervision.
A stronger case starts with Clearer Questions
An early expert review will help lawyers distinguish the established facts from ambiguous issues. It helps identify documents that merit requesting as well as define the operational terms employed in depositions.
There are many instances of an operational issue, and not every written policy shows that proper procedures were adhered to.
Expert analysis in hospitality is helpful when it clarifies the differences using evidence and industry-recognized practices. In the case of attorneys who are working on cases involving hospitality, understanding the business prior to questioning its employees could lead to a clearer, more accurate investigation of what actually happened.
