A hotel incident report could consist of a few sentences. The report details the guests, describes the incident, identifies the people who responded, and also records when management was notified.
This report may raise more questions for attorneys than it will be able to answer. Who was the manager of the employees that were implicated in this particular case? Was surveillance footage preserved? The facility followed its own procedures. Do you know of any prior interactions that weren’t reported?
These questions illustrate why hospitality litigation usually demands an examination of normal documents of business before witness testimony begins.
Begin by reviewing the documents that were made in normal business operations.
Businesses in the hospitality industry keep track of schedules, guest service, training, security and management. They are not created for court proceedings, but they can be used to prove the operation of the establishment during an incident.
A Hospitality expert witness can review staffing schedules and operating procedures, employee education documents, security logs and recordings of surveillance to determine 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 intoxicated guest.
In the course of investigating the incident, it is important to determine whether the manager was working or if the report was issued, and from the evidence what the response was. Instead of simply assuming that processes were followed or ignored It is more important to evaluate how actual operations actually took place.
Restaurant Records Need Their Own Interpretation
Restaurant investigations can be difficult since employees must split their time between cooking food and serving customers as well as managing the dining room. A restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Consider a dining-room incident involving an individual who had ordered drinks at the bar prior to taking a seat at a table. The bar receipt could document the initial purchase, while table transaction records could show subsequent orders.
The records could not provide what the server was aware of about the previous service. Reviewing server assignments, transaction time, management notes, and employee communications together could help to clarify the process. A key distinction is that the fact that alcohol was bought is not automatically evidence that the employee was aware of their intoxication.
Casino Investigations May require different documents
Casinos offer beverage services that are different than the ones that are offered by restaurants. The inclusion of complimentary drinks, cocktail servers on the gaming floor, and security personnel can provide additional information.
A certified witness from a casino may examine the assignments for staffing of beverages as well as surveillance video as well as security reports and employee communications procedures. Traditional sales receipts may give an inaccurate account if beverages are complimentary.
In these circumstances an investigation can rely heavily on the surveillance, employee observation and service records, as well as the documented procedures of the building. The expert must also identify limitations in the evidence instead of relying on an insufficient document as evidence of a specific event.
Make sure you save the evidence prior to when it’s no longer available
The preservation of documents that are time sensitive is a practical concern in hospitality litigation. Certain surveillance systems only preserve records for a specific period of time. The information about employee schedules and internal communications and incident documents may be kept by different departments or by different systems. Attorneys should be able to locate relevant documents and implement the appropriate steps early.
The scope of the investigation depends on the nature of the allegations. For instance restaurants may require bar and dining room records. A resort incident might need documentation of the event as well as travel arrangements, or security messages. A focused review will help identify the records that are pertinent without assuming every department played an important function.
The Paperwork is a Result of the Operational Experience
Preston Rideout, a hospitality professional since 1996, has extensive experience in bartending and nightclub management as well as multi-unit drinks operations. Rideout Hospitality Consulting was established in 2010 and has been providing assistance to hotel, restaurant and resort owners across the United States.
His work as an expert witness includes matters that involve hotels, restaurants resorts, casinos, and resorts for both defense and plaintiff lawyers. That operational background is useful when interpreting records that may appear simple to someone unfamiliar with the management of hospitality.
Staffing schedules, like you can identify the person who was assigned to work. Knowing the model of service as well as the operational requirements of a facility is crucial to establish if these assignments provide appropriate supervision.
Clarity in questions is the first step to stronger arguments
An early expert review can help attorneys identify unresolved and documented problems. It could help uncover additional documents to request, define operational terminology for depositions, and determine which employee actions require a closer look.
The reason for discrepancies is not always because of an operational issue. There isn’t a single policy that proves that the correct procedure was implemented.
It is the significance of an expert’s analysis which demonstrates the distinctions made by utilizing established industry practices and relevant evidence. Attorneys who are preparing for a hospitality lawsuit could benefit from understanding the business and its staff prior to interviewing them. This will enable to conduct a thorough analysis of what transpired.
