The hotel incident report could be a short document with only a few words. It includes the name of the guest, the description of the incident, as well as the names of the responding staff.
For attorneys, this report can raise more questions than it addresses. Who was in charge of supervising the employees? Was surveillance footage preserved? Did the property follow its established procedures? Did the property have previous interactions that weren’t recorded in the report.
These questions illustrate the reason why it’s often necessary to look over business records prior witnesses testify in a lawsuit regarding hospitality.
Begin by reviewing the documents that were produced during normal operations.
Businesses that operate in the hospitality industry create records for training, scheduling guests service, scheduling and management. Although they weren’t designed to be used in litigation, they can help establish how a property functioned 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 one policy may state that the manager must respond to an employee who informs them of an intoxicated client.
The investigation should establish whether the manager was working and if the report was distributed, and what responses were provided in the evidence. The aim is to determine the actual activities rather than inferring that the procedures written down were adhered to or not followed.
There is a need for a separate interpretation of the restaurant’s records.
Restaurant investigations can be difficult because employees must divide their time between cooking food serving customers, as well as managing the dining space. A qualified witness in the restaurant industry can explain how employees’ decisions are influenced by these duties.
Think about a dining-room incident that involves an individual who had ordered drinks at the bar before making the move to a table. The bar receipt could record the purchase at the beginning, while the dining-room transaction records record later purchases.
The information in those records might not be revealing the server’s knowledge of the previous service. Looking over server assignments, transaction time as well as management notes and employee records together can assist in determining the order. There is a distinction to be made: the fact that alcohol was sold does not necessarily indicate that employees have been able to detect the presence of alcohol.
Casino Investigations may require different documents
Casinos operate beverage programs that differ significantly from traditional restaurant services. Drinks are free, there are mobile cocktail servers, gaming-floor supervisors, and extensive security procedures create other sources of information.
A professional witness from a casino may review the beverage staffing assignments along with surveillance footage and security reports as well as employees’ communication methods. The conventional sales receipt may not be accurate in the event of complimentary beverages.
In such circumstances an investigation can be heavily based on the surveillance evidence, observations of employees and service records, as well as the documented procedures of the building. Experts must identify the limitations of evidence, rather than accepting incomplete records as proof.
Save the evidence until it’s no longer available
One issue that can arise in hospitality litigation is the protection of time-sensitive documents. Some surveillance systems only keep the records for a set amount of time. The details about employee schedules and internal communications and incident documents could be stored by various departments or by different systems. Attorneys should be able to locate relevant records and take the appropriate actions early.
The required scope is determined by the allegations. A restaurant case may require documentation for dining and bar areas, while a resort incident could require documentation of the event along with transportation arrangements, and security communications. You can identify relevant records through an investigation that is specific, not needing to presume that all departments were involved.
The paperwork is the result of Operational Experience
Preston Rideout, a hospitality professional since 1996, has worked in bartending and nightclub management as well as multi-unit beverage operations. Rideout Hospitality Consulting was established in the year 2010 and has offered guidance to hotels, restaurants and resort owners across the United States.
Expert witness testimony on behalf of plaintiffs and defendants has included matters that involved resorts, casinos, restaurants, and hotels. This operational background can be useful in interpreting records which appear straightforward to someone who is not experienced in hospitality management.
A list of staffing plans, for example identifies the employees who were assigned to work. To determine whether the assignments were proper you must know the service model of the building and its operating conditions.
A better case for your argument starts with More lucid questions
An early review by an expert can assist attorneys in separating documented facts and unresolved questions. It may help identify which documents are worth seeking or defining the terms used for depositions.
There are many instances of an operational flaw however, not every written policy shows that proper procedures were followed.
It is the importance of an expert’s assessment that shows these distinctions by using recognized industry practices and relevant evidence. For attorneys preparing the case for a hospitality client, understanding the company prior to questioning its employees can result in a more focused, credible analysis of what actually transpired.