A hotel incident report could contain only a few paragraphs. The report names the guests, describes the disturbance, names the personnel who responded, and also records when management was notified.
This report may bring up more questions for attorneys than it could provide an answer. Who was responsible for supervising these employees? Was surveillance footage preserved? The facility adhered to its own rules. Did the property have previous interactions not included in the report.
These questions highlight why hospitality litigation often calls for an examination of regular business records prior to when witness testimony begins.
Begin by examining the documents made during normal operations
Businesses in the hospitality industry keep records of guest service, scheduling guest service security, training, and management. Even though these documents weren’t designed to be used in lawsuits, they can be used to identify how a place operated 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, a written policy might oblige a manager to take action to an employee’s report of an drunken guest.
Investigating whether or not the manager was actually working and whether or not the report was communicated, and the response confirmed by the evidence is the objective. It is more important to look at actual actions instead of assuming that the written instructions were followed or ignored.
There is the need for a different interpretation of the restaurant records
The employees are split into the catering, beverage prep, customer requests and dining-room management. This creates a challenge for investigation into restaurant operations. A restaurant expert witness is able to discuss the effects of these roles on the choices made by employees during service.
Consider a dining-room incident involving customers who have ordered alcohol at the bar before taking a seat at a table. The bar receipt could confirm the initial order while records for dining rooms will reflect the subsequent orders.
However, these documents may not confirm the information that the tableserver had about the previous service. Combining the server assignment the time of transactions, managerial notes, and employee records 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 intoxication.
Casino Investigations may require different documents
Casino beverage programs are significantly different from those offered by the typical restaurant. The availability of complimentary drinks, cocktail servers at the casino floor and security personnel can provide additional information.
An expert witness from a casino can review the assignment of staff to drink along with surveillance footage, security reports and employees’ communication methods. The typical sales receipt might not be correct when complimentary beverages are being served.
In such a case the investigation could depend heavily on surveillance evidence, observations of employees and service records, as well as the procedures that are documented for the building. The expert also needs to recognize 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
One practical concern in the hospitality litigation field is the preservation of time-sensitive records. Surveillance systems’ records can be stored for a short period of time. The details about employee schedules and internal communications as well as incident documentation can be stored by different departments or even systems. Attorneys should identify potentially relevant records earlier and take appropriate steps to preserve the records.
The required scope is determined by the nature of the claims. The scope of the investigation will depend on the accusations. You can determine relevant documents by performing an examination that is targeted, without having to assume that every department was involved.
Operational Experience Aids in Explaining the Paperwork
Preston Rideout, a hospitality professional since 1996, has worked in bartending and nightclub management in addition to multi-unit drink operations. Rideout Hospitality Consulting is a company that he established in the year 2010. He has advised restaurants, resorts and hotel owners across the United States.
Expert witness testimony for both plaintiffs as well as defendants has involved issues related to resorts, casinos and restaurants as well as hotels. The operational background is helpful in understanding records that appear straightforward to someone who is not familiar with hospitality management.
Staffing schedules, such as you can identify the person who was given the task. Knowing the model of service as well as operating conditions of the property is necessary to determine whether the assignments are supervised in a proper manner.
Clearness in your questions is the first step to an argument that is stronger
Early expert review assists attorneys differentiate between unresolved and documented issues. It may also help identify what documents merit requesting or clarifying the terms that is used in depositions.
Every discrepancy is not an operational flaw or a lack of written policy demonstrates that the proper procedures were observed.
An expert analysis of hospitality is useful in demonstrating these distinctions based on relevant evidence and recognized practices. Attorneys who are preparing for a hospitality lawsuit could benefit from understanding the operation and its employees before conducting an interview with them. This will enable a more focused review of the events that occurred.