An incident report for the hotel could only be short, perhaps a couple of paragraphs. The report lists guests, details the disturbance, names the personnel who responded, and also records when management was notified.
This report may raise more questions for attorneys than it will be able to solve. Who was responsible for supervising the workers who were involved? Was surveillance footage preserved? Did the facility follow the rules? Are there any earlier interactions which were not reported?
These questions illustrate why hospitality litigation usually calls for an examination of regular business records before testimony of witnesses begins.
Start by reviewing the documents that were created during normal operations.
Businesses in the hospitality industry keep records of scheduling, guest service as well as security, training and management. Even though the documents were not created to be used in litigation They are helpful for establishing how a property did during a particular incident.
An expert witness in hospitality will examine the staffing schedules and operating procedures as well as the employee’s training records as well as security logs and surveillance recordings to know what duties are delegated to what employees. For instance one policy may stipulate that the manager should respond when an employee notifies them of a drunk client.
Examining the incident will determine whether the manager was in charge on the incident, if the complaint was sent, and according to the evidence, what the response was. It is important to look at actual actions than to presume that the written instructions were followed or not respected.
There is an need for a distinct interpretation of the restaurant records
The employees are split between the food service, beverage prep, customer requests and dining-room management. This creates a challenge for investigation into restaurant operations. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Take a look at an incident that occurred in the dining room that involves an individual who had purchased alcohol at the bar prior to settling into an area to sit. The bar receipt will confirm the initial order and the records from the dining room will record the later orders.
However, these documents may not be able to prove the information that the tableserver had about the earlier service. Examining the server’s assignments, transactions times notes from management, employee statements together can assist in determining the order. It is important to recognize distinctions: simply because alcohol was consumed doesn’t mean the staff noticed intoxication.
Casino Investigations Might require a different set of records
Casinos offer beverage services that are different than the ones provided by restaurants. Additional sources of information include free drinks, mobile cocktail servers and gaming-floor supervisors.
A professional witness at a casino can review the assignment of staff to drink and surveillance footage including security reports, employee communication protocols. The typical sales receipt might not be true when complimentary beverages are involved.
In those circumstances the investigation will rely more heavily on surveillance records or employee reports, service records, and documenting procedures of the property. The expert must also be able to spot any limitations in the evidence and not be content with an insufficient report.
Save the Evidence Prior to It Becomes Unavailable
The preservation of documents that are time sensitive is a major concern when it comes to litigation involving hospitality. Surveillance systems could keep recordings for limited periods. Employee schedules, internal communications, as well as incident-related documentation could be stored in different departments or in different systems. Attorneys must be aware of relevant documents and take appropriate steps in the early stages.
The scope of the investigation varies on the nature of the allegations. For instance the restaurant might require restaurant and bar records. An incident at a resort could need documentation of the event such as travel arrangements or security messages. Targeted reviews help identify which records are important without assuming that all departments are involved.
The Paperwork is a Result of the Operational Experience
Preston Rideout is a hospitality veteran with more than twenty years of experience. He has held roles in management, bartending and beverages operations in a variety of divisions. Through Rideout Hospitality Consulting, established in 2010, he has consulted the hotel, restaurant and resort operators in the United States and internationally.
He has been an expert witness in the case of hotels, casinos, resorts and restaurants for plaintiffs’ and defense counsel. It’s useful to have a background in hospitality management in order to understand documents that seem straightforward for those not familiar with the industry.
Staffing schedules, such as, identify who has been assigned to work. Understanding the model of service and operational conditions of a property is vital to determine if the assignments are supervised in a proper manner.
To help build a stronger case, ask better questions
A quick review by an expert will aid attorneys in distinguishing between documents and unresolved issues. It can help identify other records to request, define the terms used in depositions and determine which employee actions need closer scrutiny.
Each discrepancy does not indicate an operational failure and not every written policy proves that appropriate procedures were observed.
The value of hospitality expert analysis lies in explaining those distinctions through relevant evidence and accepted industry practices. Attorneys 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.