A hotel incident report could contain only a few paragraphs. It contains the name of the guest, the description of the incident, as well as the names of the responding staff.
The report is likely to raise more questions for attorneys than it can be able to. Who was the person in charge of the employees in this case? Was surveillance footage preserved? Did the property follow prescribed procedures? Are there any earlier interactions that weren’t recorded?
These questions illustrate why it is crucial to examine ordinary business records prior to testimony of witnesses in litigation involving hospitality.
Start with the documents created in Normal Operation
Hospitality businesses generate records to schedule, train, guest service, security, and administration. They are not intended for litigation however they could be used to determine how the property operated 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 employees who report an intoxicated client.
Examining the incident will determine if the manager worked on the incident, if the complaint was submitted, and, from the evidence what the response was. Instead of assuming that procedures were not followed or not, the goal is to find out what were actually carried out.
There is a need for a separate understanding of the restaurant’s record.
The employees are split among the catering, beverage prep as well as dining-room management. This poses a challenge for investigation of restaurants. A Restaurant expert witness will explain how these duties influence the choices employees take during service.
Consider 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 will be proof of the initial order, while records for dining rooms will reflect the later orders.
The records could not provide the server’s knowledge of the prior service. By examining all of the data such as server assignments and transaction times, along with management notes and employee statement could help in determining the sequence. It is important to make an important distinction: just because alcohol was bought doesn’t mean employees were intoxicated.
Casino Investigations may require different records
Casinos offer beverage services that differ from those that are offered by restaurants. Drinks are free, there are mobile cocktail servers, gaming floor supervisors and extensive security operations provide other sources of information.
A Casino expert witness can review the beverage staffing arrangements, security reports, surveillance footage as well as the rules governing employee communications. The typical sales receipt might not be valid in the event of complimentary beverages.
In these situations, an investigation might depend on surveillance, employee observation and service records as well as the documented procedures of the building. The expert must be able recognize any shortcomings 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 preservation of time sensitive documents. Certain surveillance systems can only store recordings for a certain period of time. Information about employee schedules, internal communications and other information as well as incident documentation can be stored by different departments or by different systems. Attorneys must identify pertinent documents and take appropriate measures early.
The necessary scope depends on the nature of the claims. A restaurant claim may require documents for the dining room and bar, while a resort incident may require event documentation along with transportation arrangements, and security communications. Specific reviews can help determine which records are important without assuming that every department was involved.
The process of preparing paperwork is simpler with operational experience
Preston Rideout is a hospitality veteran with more than twenty years of experience. He has held roles in management, bartending and beverages operations in a variety of businesses. Through Rideout Hospitality Consulting, established in 2010, he has advised restaurant, hotel, and resort operators across the United States and internationally.
He has been an expert witness in cases involving resorts, hotels, casinos as well as restaurants for the defense and plaintiffs. This background in operations can be useful in interpreting records which may seem straightforward to someone who isn’t familiar with hospitality management.
Staffing schedules, for example to identify who has been given the task. Knowing the service model and the operational environment of a building is necessary to determine whether the assignments are supervised in a proper manner.
To help build a stronger case Ask more pertinent questions
An early expert review helps attorneys differentiate documented facts from unresolved issues. The review can reveal additional records worth requesting, help clarify the terms used in depositions and establish which employee decisions need closer scrutiny.
There are many reasons why discrepancies may not be indicative of a failure in operation. There isn’t a single procedure that proves that the right procedures were observed.
The importance of expert analysis lies in explaining the differences through evidence and established industry practices. Attorneys preparing for a hospitality lawsuit can benefit from understanding the operation and its employees before interviewing them. This allows for an unbiased investigation of what happened.