An incident report for the hotel could only be one or two paragraphs. The report identifies the guest, describes a disturbance and names the employees who responded and records the date the management was informed.
An attorney’s report may bring more questions than it addresses. Who was in charge of supervising the employees? Was surveillance footage preserved? Did the property follow its procedures? Did the property have earlier interactions that were not recorded in the report.
These issues illustrate why hospitality litigation usually calls for an examination of regular business records before testimony of witnesses commences.
Begin with the Documents that were created during normal operations
Hospitality businesses generate records to schedule, train, guest service, security, and management. While these records weren’t made to aid in litigation, they could 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. Written policies may demand the manager to respond to any employee who has reported an intoxicated customer.
The investigation into whether or not the manager actually was working, whether or not the report was properly communicated and the responses supported by evidence is the objective. It is important to assess actual operations as opposed to assuming that written instructions were followed or not respected.
The way to interpret restaurant records is different
The employees are split between the catering, beverage prep customer demands and dining-room management. This poses a challenge for investigation into restaurant operations. An expert witness from a restaurant can clarify the impact of these responsibilities on decisions taken by employees in service.
Imagine that a client ordered alcohol at the bar before being transferred to the table. The bar receipt might document the initial purchase, while table transaction records could document subsequent orders.
The records could not provide what the server’s information was about the prior service. Combining server assignments, transaction time, management notes and employee statements can help clarify the process. It is crucial to note a distinction: just because alcohol was purchased doesn’t mean staff noticed intoxication.
Casino Investigations Can Require Different Records
Casinos offer drink packages that differ from the ones that are offered by restaurants. The addition of complimentary drinks and cocktail servers at the casino floor, and security personnel are all sources of additional information.
A Casino expert witness can review the beverage staffing arrangements, surveillance footage, security reports as well as the rules governing employee communications. Traditional sales receipts can be insufficient when beverages are free.
In these situations an investigation can depend heavily on surveillance evidence, observations of employees and service records, in addition to the procedures that are documented for the property. Experts must recognize the limitations of evidence, instead of relying on incomplete records as evidence.
Make sure you save the evidence prior to when it becomes unavailable
Preserving time-sensitive documents is a crucial consideration in the context of litigation that involves hospitality. Recordings from surveillance systems can be stored for a short period of time. Schedules of employees, internal communications, and incident documents may be kept in different systems or departments. Attorneys need to identify relevant documents and take appropriate measures early.
It is contingent on what the claim is. The scope of an investigation will depend on the accusations. A specific audit helps determine what records are important without taking for granted that every department played some part.
Making sense of paperwork is much easier with operational experience
Preston Rideout, a hospitality professional since 1996, has worked in nightclub management and bartending as well as multi-unit beverage operations. Rideout Hospitality Consulting is a company he founded in the year 2010. He has provided advice to on resort, restaurant and hotel operators across the United States.
His expert witness work involves matters involving hotels, restaurants resorts, casinos and hotels for defense and plaintiff counsel. It’s beneficial to have an understanding of hospitality management when interpreting documents that seem simple to those who are not familiar with the business.
A list of staffing plans includes, for instance, those who were designated to work. Being aware of whether the assignments provide appropriate supervision requires knowledge of the structure’s service model as well as operational conditions.
A Stronger Case Begins With More lucid questions
Early expert review helps attorneys discern between documented and unresolved issues. It can help determine which records are worth requesting and clarify the operational terminology that is used in depositions.
Not all discrepancies are indicative of a failure in operation. There isn’t a single procedure that proves that the right procedure was followed.
The value of expert analysis lies in explaining those distinctions through relevant evidence and established industry practices. Understanding the business before interviewing employees in a situation can assist lawyers in preparing cases that have a more focused and credible examination.