The hotel incident reports may be a short document with only a few words. The report identifies guests, details what happened, names personnel who responded, and also records when management was notified.
For attorneys, this report may raise more questions than it provides answers. Who was accountable for supervising the employees? Was surveillance footage preserved? The property followed its own procedures. Was the property involved in earlier interactions that weren’t included in the report.
These questions demonstrate why it’s important to look over business records prior to testimony of witnesses in litigation involving hospitality.
Start by looking through the documents created during normal operation
Records are maintained by hospitality businesses to plan guest services, training of staff and security, as well as management and more. While these records were not created to be used in litigation, they are useful for documenting how a facility performed in the event of a specific incident.
A hospitality expert witness will scrutinize the scheduling schedules for staff as well operating procedures, employee training records as well as security logs and surveillance recordings in order to better comprehend the duties delegated to what employees. As an example an example, a policy that is official may say that the manager has to react when an employee notifies them of a drunk client.
Investigating whether or if the manager actually was working, whether or not the report was properly communicated and the reaction supported by evidence is the objective. It is more important to look at actual actions instead of assuming that the written instructions were followed or ignored.
Restaurant Records Must Have Their Own Interpretation
The employees are split into the food service, beverage preparation customer demands and dining-room management. This presents a problem for investigation into restaurant operations. A professional witness in the restaurant industry could help demonstrate how decisions made by employees are influenced by their responsibilities.
Imagine an incident in the dining room that involves the patron who bought alcohol at the bar prior to settling into the table. The bar receipt can be evidence of the initial purchase, whereas the restaurant transaction records might record subsequent purchases.
Those records may not reveal what the server was aware of about the prior service. Reviewing all the data including servers assigned and transaction times together with the management’s notes and statements from employees could help in determining the sequence. It is important to recognize distinctions: just because alcohol was bought doesn’t mean the staff noticed intoxication.
Casino Investigations may require different forms of documentation
Casino beverage plans can be significantly different from those offered by the traditional restaurant. Complimentary drinks, mobile cocktail servers, gaming-floor supervisors, as well as extensive security operations are additional sources of data.
An expert witness from a casino can look over beverage staffing assignments surveillance footage, security reports and employee communication. Traditional sales receipts may not provide a complete account when beverages are free.
In such a case, an investigation might depend on surveillance evidence, observations of employees and service records, in addition to the procedures documented by the building. Experts should be aware of the limitations of evidence, instead of relying on incomplete records as proof.
Make sure you keep the evidence until it’s no longer accessible
One issue that can arise in the hospitality litigation field is the protection of time-sensitive documents. Certain surveillance systems can only store recordings for a specified period of time. Information regarding employee schedules, internal communications and other information as well as incident documentation are stored by different departments or systems. Attorneys should be able to spot potentially relevant records earlier and take appropriate steps to safeguard the records.
It’s all about the type of claim. For example an establishment may need bar and dining room records. A resort incident might require documentation for an event, travel arrangements, or security communication. A specific audit helps determine which records are relevant without assuming every department played a function.
The process of preparing paperwork is simpler with experience from the operational side.
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010, he has advised hotels, restaurants, and resort operators throughout the United States and internationally.
He has been an expert witness in trials involving hotels, casinos, resorts and restaurants for both plaintiffs’ and defense counsel. This operational background can be helpful in the interpretation of records that seem straightforward to someone who is not familiar with hospitality management.
A staffing schedule will, for instance, identify those who were assigned to work. Knowing if the assignments offered sufficient supervision requires an understanding of the structure’s service model as well as operational conditions.
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 helps identify documents that merit requesting as well as clarify the operational terminology employed in depositions.
There are many reasons why discrepancies may not be indicative of a failure in operation. Also, not every procedure that proves that the right procedure was implemented.
A professional analysis of hospitality is beneficial when it clarifies the differences using evidence and industry-recognized practices. For attorneys preparing an investigation into hospitality, knowing the company prior to questioning its employees can lead to clearer, more accurate investigation of what actually happened.