The hotel incident report may be a short document with only a few words. It describes the guest who caused the disturbance and names the employees who responded and records the date the management was informed.
The report can raise multiple questions to an attorney. Who was the person in charge of the employees in this incident? Was surveillance footage preserved? The facility adhered to its own rules. Are there any previous interactions that weren’t recorded in the reports?
These questions highlight why litigation involving hospitality often calls for an examination of regular documents of business before witness testimony commences.
Start With the Documents Created During Normal Operations
Businesses that operate in the hospitality industry create records for training, scheduling and guest service, security and administration. Even though these documents weren’t made to aid in litigation, they can help 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. A written policy may require that the manager take action to an employee who reports an intoxicated client.
The investigation will determine whether the manager was in fact working and if the report was shared, and the responses were provided in the evidence. Instead of assuming that procedures were observed or not, the goal is to evaluate how actual operations actually occurred.
The interpretation of restaurant records can be different
Restaurant investigations are challenging because restaurant employees are required to split their time between cooking food and serving customers as well as managing the dining area. A Restaurant expert witness can discuss how these responsibilities impact the choices that employees make in service.
Imagine a scenario where someone ordered alcohol from the bar and then transferred to a table. The bar receipt will document the initial order, while the dining room records will document the more recent orders.
Those records may not reveal what the server was aware of about the previous service. The combination of server assignments, transaction time, management notes, and employee records can help clarify the process. A distinction needs to be made that the fact that alcohol was offered for sale does not suggest that employees are aware of intoxication.
Casino Investigations Can Require Different Records
Casinos have drink programs that are different than those offered by eateries. The additional drinks that are complimentary, cocktail servers on the gaming floor, and security personnel are all sources of additional information.
A professional witness from a casino could examine the assignments for staffing of beverages as well as surveillance video, security reports and employee communication procedures. Traditional sales receipts could be insufficient when beverages are free.
In such a case the investigation could be based more on surveillance, employee observation as well as service records and documented procedures. The expert must be able to spot any limitations in the evidence, and not simply accept a faulty document.
Save the Evidence Prior to It becomes unavailable
One practical concern when it comes to hospitality litigation is the protection of time sensitive documents. Surveillance systems may retain recordings for a limited time. Employee schedules, internal communications, and incident documents may be archivalized in different systems or departments. Attorneys need to identify relevant records earlier and take the appropriate steps to preserve them.
The appropriate scope will depend on the accusations. For instance the restaurant might require documents for the dining room or bar. A resort incident might require event documentation, travel arrangements, or security communications. You can determine relevant records by conducting a targeted review, without being able to conclude that all departments were involved.
Operational Experience Aids in Explaining the Paperwork
Preston Rideout has worked in hospitality since 1996, with prior experience in bartending, nightclub management, as well as multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has since provided guidance to hotels, restaurants and resort owners across the United States.
Expert witness testimony on behalf of plaintiffs and defendants has included matters involving casinos, resorts restaurant, hotels, and casinos. This operational background can be helpful when interpreting records that may appear simple to someone unfamiliar with hospitality management.
A staffing plan includes, for instance, the employees who were given the task of working. To determine if those assignments were proper, you need to know what the service model is of the building and its operating conditions.
Clarity in the questions is the first step towards a stronger argument
Early expert review assists attorneys identify unresolved and documented issues. It can help identify other records worth requesting, help clarify what the legal terminology is for depositions and determine which employee actions require more scrutiny.
Not all discrepancies are indicative of an operational issue. Also, not every policy that proves that the correct procedure was implemented.
It is the significance of an expert’s assessment that shows these distinctions using established industry practices and relevant evidence. Knowing the process prior to interviewing employees in a situation can assist lawyers in preparing an argument that is more focused and credible examination.