The hotel incident reports may be a short document with only a few words. It will include the name of the guest, the description of the disturbance and the names of the responding staff.
This report may bring up more questions for an attorney than it is able to be able to. Who was the manager of the employees that were implicated in this matter? Was surveillance footage preserved? Was the property in compliance with the rules? Are there any interactions that occurred prior to the property that weren’t reported?
These questions show the reasons why it is sometimes necessary to examine business records before witness testimony in a case involving hospitality.
Start by looking through the documents that were created during normal operation
Hospitality businesses generate records to schedule, train, guest service, security, and management. They are not designed for litigation, but they could be used to document the operation of the establishment 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. A written policy could require that a manager respond to any employee who has reported an intoxicated customer.
The investigation should determine if the manager was actually working on the report, if it was shared, and the response the available evidence documents. The goal is to evaluate actual operations rather than assume that written procedures were either implemented or not.
There is a need for a separate interpretation of the restaurant records
Restaurant investigations can be difficult due to the fact that employees have to divide their time between food preparation and serving customers as well as managing the dining area. An expert witness from a restaurant can describe the effect of these duties on the decisions made by employees during service.
Imagine an incident in the dining area that involved someone who bought alcohol at the bar prior to moving to a seat. The bar receipt may prove the initial purchase and the transaction records for dining room transactions will show subsequent orders.
The information in those records might not be revealing what the server’s information was about the previous service. Reviewing all the data like server assignments and transaction times and management notes and employee statement could help in determining the order of events. One important point to remember is: the evidence of alcohol consumption does not mean that employees were aware of intoxication.
Casino Investigations May require different documents
Casinos have drink programs which are distinct from those provided by restaurants. The inclusion of complimentary drinks, cocktail servers at the casino floor, and security personnel are all sources of additional information.
A certified witness at a casino can look over the staffing assignments for beverages and surveillance footage, security reports and employee communications procedures. Traditional sales receipts can provide an incomplete account when beverages are complimentary.
In this case the investigation may rely more heavily on surveillance, employee observation service records, and other documented procedures. The expert also needs to recognize weaknesses in the evidence, instead of relying on an insufficient document as evidence of a specific event.
Keep the evidence until it’s no more available
The preservation of documents that are time sensitive is a significant issue for the litigation of hospitality. Surveillance systems may retain recordings for only a short time. Different departments or systems may save employee schedules, internal communications and incidental records. Attorneys need to identify relevant records and take the necessary steps in the early stages.
It’s dependent on the nature of the claim. A restaurant claim may require the bar’s and dining room’s records as well as a resort incident could need documentation for the event as well as transportation arrangements and security communications. A focused review will help identify what records are important without taking for granted that every department played an important function.
The process of preparing paperwork is simpler with experience from the operational side.
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held positions in bartending, management and beverage operations for multiple businesses. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to restaurant, hotel, and resort operators across the United States and internationally.
He has been an expert witness in cases involving hotels, casinos, resorts and restaurants for plaintiffs’ and defense counsel. It’s beneficial to have some experience in hospitality management to interpret documents that appear simple to those who aren’t familiar with the industry.
Staffing plans, for instance to identify who has been given the task. To determine if these assignments were proper you should know the structure of the facility as well as its operating conditions.
A Stronger Case Begins With More lucid questions
An early expert review can help attorneys discern between documented and unresolved issues. The review can reveal additional records worth requesting, help clarify the terms used in depositions and identify which decisions of employees require more scrutiny.
Some discrepancies are not indicative of an operational failure. Also, not every policy that shows the proper procedure was adhered to.
The benefit of experts is that they can explain these distinctions using relevant evidence and accepted industry practices. If lawyers are preparing a hospitality case, understanding the operations prior to questioning employees can result in a more precise, reliable review of the actual events.