A hotel incident report could comprise only a few paragraphs. It describes the guest who caused the disturbance and names the employees who responded and records the date the management was informed.
This report could raise more questions for an attorney than it could answer. Who was supervising the employees involved? Was surveillance footage preserved? Did the facility follow its standard procedures? Were there earlier interactions that weren’t recorded in the report?
These questions show the reasons why it is sometimes necessary to study business records before a witness testifies in a case involving hospitality.
Begin with the Documents that were created in Normal Operation
Records are kept by hospitality companies for scheduling guest services, training of staff and security, as well as management and many more. Although these records were not intended to be used in litigation, they are useful for documenting how a facility was able to perform during an incident.
A Hospitality expert witness could examine staffing schedules, operational procedures, training files, security logs, and recordings of surveillance to determine the duties assigned to different staff members. For instance, an official policy might say that the manager has to react when an employee reports an intoxicated client.
The investigation should establish whether the manager was working on the incident, if the complaint was made, and from the evidence what the reaction was. The aim is to determine the actual activities rather than inferring that the written procedure was followed or ignored.
Restaurant Records Must Have Their Own Interpretation
The employees are divided between the food service, beverage prep as well as customer service and dining room management. This poses a challenge for investigation into restaurant operations. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Think about a dining-room incident that involves a customer who ordered alcohol at the bar prior to moving to a table. The bar receipt could be proof of the initial order, while records for dining rooms will reflect the more recent orders.
However, these records may not be able to prove the information that the tableserver had about the prior service. Reviewing all the data like server assignments and transaction times, along with management notes and employee statement could help in determining the process. A distinction must be made when it comes to alcohol: the fact that it was available for sale doesn’t necessarily mean that staff members recognized intoxication.
Casino Investigations can require different forms of documentation
Casinos have beverage programs that are different from those that are offered by restaurants. Complimentary drinks, mobile cocktail servers, gaming floor supervisors and extensive security operations provide additional sources of information.
An expert witness from a casino can review the assignment of staff to drink and surveillance footage, security reports and employee communication procedures. When beverages are provided in a free service, the traditional receipts for sales can be incomplete.
In such circumstances an investigation may depend on surveillance, employee observation and service records, in addition to the documented procedures of the premises. Experts must be aware of the weaknesses of evidence instead of accepting insufficient records as evidence.
Keep the evidence until it is no longer available
The preservation of documents that are sensitive is a real concern for hospitality litigation. Surveillance systems could keep recordings for short periods. Schedules of employees, internal communications, and incident records may be kept in different departments or systems. Attorneys must identify pertinent records and take the appropriate measures early.
The extent of the investigation is contingent on the nature of the accusations. For example, a restaurant may need documents for the dining room or bar. An incident at a resort could need documentation of the event and travel arrangements or security messages. Specific reviews can help determine the records that are crucial without making assumptions that all departments were involved.
The Paperwork is a Result of Operational Experience
Preston Rideout is a hospitality veteran with over twenty years of experience. He has held positions in management, bartending, as well as beverage operations for multiple divisions. Rideout Hospitality Consulting is a business he started in the year 2010. He has advised restaurants, resorts, and hotel operators throughout the United States.
His work as an expert witness includes matters involving restaurants, hotels resorts, casinos, and restaurants for defense and plaintiff attorneys. This operational background can be helpful in understanding records that might seem simple to someone who is not experienced in hospitality management.
Staffing schedules, like you can identify the person who was assigned to work. To determine if the assignments were appropriate it is necessary to understand the model of service for the facility as well as its operating conditions.
The ability to clearly state the issue is the first step towards a stronger argument
An early expert review will help lawyers distinguish the documented facts from unresolved issues. It could help uncover additional documents worth requesting, clarify operational terminology for depositions, and determine which employee actions require closer examination.
There are many reasons why discrepancies may not be indicative of an operational issue. There isn’t a single procedure that proves that the right procedures were observed.
The analysis of a professional in the field of hospitality is beneficial when it clarifies the distinctions with relevant evidence and practices that are widely accepted by the industry. For attorneys preparing a hospitality case, understanding the operation before questioning its employees can lead to a more precise, reliable review of the actual events.