The incident report for a hotel may just be a few paragraphs. It includes the name of the guest, a description of the incident, and the names of the personnel who attended to the incident.
This report may raise more questions for attorneys than it is able to answer. Who was the supervisor of the employees who were involved in this case? Was surveillance footage preserved? Did the property follow established procedures? Did you have any previous interactions that weren’t disclosed?
These questions show the need to review business records of every day use prior to testimony of witnesses in litigation involving hospitality.
Begin by reviewing the documents that were created in normal operations
Businesses that operate in the hospitality industry create records to schedule, train guests service, scheduling, and administration. Although these documents weren’t necessarily made to aid in lawsuits, they can be used to establish how a property functioned in the event of a specific incident.
A Hospitality expert witness may study staffing plans, operating procedures, employee training files, security logs, and surveillance recordings to learn the responsibilities assigned to different personnel. A written policy may require that the manager take action to the employee who complains about an intoxicated customer.
The investigation must determine if the manager was working on the report, if it was distributed, and what response was provided by the evidence. Instead of assuming that procedures were followed or ignored it is important to evaluate how actual operations actually transpired.
The way to interpret restaurant records is different
The employees are split between the catering, beverage prep as well as dining-room management. This creates a challenge for restaurant investigations. A restaurant expert witness is able to explain the impact of these responsibilities on the choices taken by employees in service.
Imagine an incident in the dining area that involved a patron who purchased drinks at the bar prior to taking a table. The bar receipt will be proof of the initial order, while records for dining rooms will reflect the orders that were later placed.
However, these documents may not prove what the tableserver knew about the earlier service. Examining server assignments, transaction time, management notes, and employee statements together can help to clarify the process. One important point to remember is: the evidence of alcohol consumption does not mean that employees were aware of intoxication.
Casino Investigations Might require a different set of records
Casino beverage programs can be very different from those of a typical restaurant. Other sources of information are complimentary drinks as well as mobile cocktail servers, and gaming floor supervisors.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. Traditional sales receipts might give an inaccurate account if drinks are offered for free.
In this case, the investigation could rely more heavily on surveillance, employee observation service records, and other documented procedures. Experts must be aware of the weaknesses of evidence instead of relying on incomplete records as proof.
Make sure you save the evidence prior to when it’s no longer available
Conserving documents with time-sensitive information is a major concern in the context of litigation involving hospitality. Surveillance systems could keep recordings for limited periods. Employee schedules, internal communications, and incident records may be kept in various systems or departments. Attorneys must identify any relevant records earlier and take appropriate steps to protect these records.
The scope of the necessary investigation is contingent upon the allegations. For example the restaurant might require documents for the dining room or bar. A resort incident may require event documentation, travel arrangements, or security communication. The targeted reviews will help you determine which documents are necessary and not assume that all departments were involved.
The process of preparing paperwork is simpler with experience from the operational side.
Preston Rideout has worked in hospitality since 1996. He has expertise in bartending, nightclub management, and multi-unit drinks operations. Through Rideout Hospitality Consulting, established in 2010, he has consulted hotels, restaurants, and resort operators throughout the United States and internationally.
Expert witness work for him includes issues involving hotels, restaurants resorts, casinos, and restaurants for plaintiff and defense counsel. This knowledge of operations is helpful in understanding records that appear straightforward to someone who isn’t familiar with hospitality management.
A staffing plan For instance, it identifies the employees given the task. Knowing the model of service as well as operating conditions of the property is crucial to establish if these assignments will provide the appropriate supervision.
To create a stronger argument Ask more pertinent questions
A quick review by an expert helps attorneys differentiate established facts from ambiguous issues. It could help identify which documents are worthy of requesting, or clarifying the terminology employed in depositions.
There are many instances of an operational error however, not every written policy shows that proper procedures were followed.
The importance of expert analysis is in demonstrating those distinctions through relevant evidence and accepted industry practices. Attorneys preparing for a hospitality lawsuit can benefit from a thorough understanding of the company and its employees before interviewing them. This will permit an in-depth analysis of what transpired.