A hotel incident report could consist of a few sentences. The report identifies the guest as the source of the incident, describes the incident and names the employees who responded, and records the time the management was informed.
This report may raise more questions for attorneys than it could provide an answer. Who was in charge of supervising the employees in question? Was surveillance footage preserved? Was the property following its procedures? Did the property have earlier interactions that weren’t recorded in the report.
These questions show the need to examine business records before a witness testifies in a hospitality lawsuit.
Begin with the documents that were created in normal operation
The hospitality industry produces records to schedule, train guests service, scheduling and administration. Although these records were not created to be used in court They are helpful for understanding how a business did during a particular incident.
An expert witness in Hospitality may study staffing plans, operational procedures, training documents, security logs and surveillance recordings to learn the roles assigned to various staff members. As an example one policy may say that the manager has to react when an employee reports an intoxicated client.
Examining the incident will determine if the manager worked and if a report was issued, and based on the evidence, what was the response. It is far more crucial to evaluate the actual operation instead of assuming that the written instructions were followed or not followed.
The way to interpret restaurant records is different
Restaurant investigations present challenges because employees are split between the preparation of beverages, food service customers’ requests, dining-room management. A professional witness in the restaurant industry could help clarify how the decisions of employees are affected by these responsibilities.
Consider a dining-room incident involving a customer who ordered alcohol at the bar before changing tables. The bar receipt can be proof of the initial purchase, and the transaction records for dining room transactions show later orders.
However, these records might not be able to determine what the table server was aware of about the earlier service. Reviewing all the data including server assignments and time-of-transactions as well as management notes and statements from employees could help in determining the sequence. There is a distinction to be made: the fact that alcohol was sold does not necessarily mean that staff members recognized the presence of alcohol.
Casino Investigations may require different forms of documentation
Casinos have drink programs that differ from the ones offered by restaurants. Free drinks, mobile cocktail servers, gaming-floor supervisors, and extensive security procedures create other sources of information.
An expert witness from a casino can examine beverage staffing assignments, security reports, surveillance footage and the procedures that govern employee communication. Traditional sales receipts could not provide a complete account when drinks are provided for free.
In these circumstances an investigation may be heavily based on the surveillance, employee observation and service records, in addition to the procedures documented by the building. The expert must also be able recognize any flaws in the evidence, and not simply accept a faulty report.
Make sure you keep the evidence until it is no longer available
The preservation of documents that are time sensitive is a real concern in hospitality litigation. Records from surveillance systems may be stored for a short period of time. Employee schedules, internal communications and incident documentation may be kept in different departments or in different systems. Attorneys need to identify and archive the records that may be pertinent as soon as is possible.
The nature of the investigation will depend on the nature of the accusations. For example an establishment may need the records of its dining room and bar. A resort incident may require documentation for an event as well as travel arrangements, or security communications. A specific review can help determine the relevant records without taking for granted that every department played an important function.
The paperwork is the result of Operational Experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a company that he established in the year 2010. He has advised on resort, restaurant and hotel owners across the United States.
Expert witness testimony on behalf of plaintiffs and defendants has encompassed issues related to resorts, casinos and restaurants as well as hotels. The operational background can be useful when interpreting records that may seem simple to someone not familiar with hospitality management.
A staffing schedule can, for example, identify who was assigned to work. Understanding the model of service and operational conditions of a property is essential to know if the assignments are supervised in a proper manner.
The ability to clearly state the issue is the initial step to stronger arguments
A quick review by an expert can help attorneys distinguish documents from unresolved issues. It can identify records that should be requested and also define the terms employed in depositions.
Each discrepancy does not indicate an operational failure or a lack of written policy demonstrates that the proper procedures were observed.
A professional analysis of hospitality is beneficial when it explains the distinctions with relevant evidence and well-known practices. Understanding the business before asking employees to answer questions in a hospitality case can help attorneys prepare a case with a an unbiased and trustworthy examination.
