The hotel incident report may comprise only a few sentences. It is a record of the guest’s name and describes the disturbance, names the responding employees and records the date the management was informed.
The report may raise multiple issues to an attorney. Who was the supervisor of the employees involved in this matter? Was surveillance footage preserved? Did the property follow its procedures? There were earlier interactions which were not reflected in the report?
This is the reason why it’s often necessary to look over business records prior a witness testifies in a hospitality lawsuit.
Start by looking through the documents that were produced during normal operation
Companies in the hospitality sector maintain records of scheduling, guest service, training, security and management. Although these records weren’t created to be used in litigation however, they can be useful in documenting how a facility performed in the event of a specific 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 the written policy may require a manager to respond when an employee has a complaint about an drunken guest.
Investigating whether or not the manager was actually working, whether or not the report was properly communicated and the responses supported by evidence is the main objective. Instead of inferring that procedures were adhered to or not The goal is to find out what were actually carried out.
The interpretation of restaurant records is different
Restaurant investigations can be challenging as employees are split between food service, beverage preparation as well as customer demands and dining-room management. An expert witness from the restaurant industry could help explain how employees’ decisions affect their decisions based on these responsibilities.
Imagine a scenario in which a client ordered alcohol at the bar, and later moved to an area at a table. The bar receipt could be proof of the initial purchase, and the transaction records for dining room transactions will show subsequent orders.
However, the records may not establish what the table server knew about the prior service. Examining all the information together including the server’s assignments and times of transactions, along with management notes and employee statement can help to understand the sequence. There is a distinction to be made that the fact that alcohol was available for sale doesn’t necessarily suggest that employees are aware of the presence of alcohol.
Casino Investigations Might require a different set of records
Casino beverage programs can be quite different from the ones of a typical restaurant. The inclusion of complimentary drinks and cocktail servers at the casino floor, and security personnel can provide additional information.
An expert witness from a casino can analyze beverage staffing and security footage, and surveillance videos. They can also look over the procedures for employee communications. Traditional sales receipts could be insufficient when beverages are complimentary.
In these circumstances the investigation could rely more heavily upon surveillance or employee reports, service documents, and the process of the property’s documents. Experts should be aware of the limitations of evidence, instead of relying on incomplete records as proof.
Preserve the Evidence Before It Becomes Unavailable
Documents that have to be saved for time is an important concern in the context of litigation which involves hospitality. Certain surveillance systems only preserve recordings for a certain period of time. Information about employee schedules and internal communication along with incident-related documentation may be kept by different departments or by different systems. Attorneys must identify any relevant records early and take the appropriate steps to secure them.
The scope of the necessary investigation is contingent upon the allegations. For instance the restaurant might require 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. Targeted reviews help identify the records that are crucial without assuming that every department is involved.
The paperwork is the result of Operational Experience
Preston Rideout is a hospitality veteran with over 20 years of experience. He has held positions in management, bartending, as well as beverage operations across multiple divisions. Through Rideout Hospitality Consulting, established in 2010, he has advised the hotel, restaurant and resort owners in the United States and internationally.
He has served as an expert witness in cases involving hotels, casinos, resorts as well as restaurants for the plaintiffs and defense counsel. This background in operations can be beneficial when interpreting documents that might seem simple to someone who is not familiar with hospitality management.
Staffing schedules, such as determine who was assigned to work. The service model and operating conditions of the property is necessary to determine whether these assignments provide appropriate supervision.
A better case for your argument starts with Clearer Questions
Early review by experts can help attorneys distinguish evidence-based facts from issues that remain unresolved. It could help uncover additional documents worth requesting, clarify the terms used in depositions and identify which decisions of employees require closer examination.
It is not necessary to show that a written policy was followed in the event of contradictions.
The analysis of a professional in the field of hospitality is beneficial when it can explain these distinctions using relevant evidence and industry-recognized practices. If lawyers are preparing a hospitality case, understanding the operations prior to questioning employees could lead to a clearer, more accurate investigation of what actually happened.