An incident report for a hotel may comprise only a few paragraphs. It identifies the guest who caused the disturbance and names the employees who responded and records the date the management was informed.
This report may raise more questions for an attorney than it is able to solve. Who was the person who was supervising employees who were involved? Was surveillance footage preserved? The facility adhered to its own rules. Are there any previous interactions that were not recorded in the reports?
These questions highlight why hospitality litigation usually demands an examination of normal business records before witness testimony commences.
Start with the documents created during normal operations
Records are maintained by hospitality companies for scheduling staff training, guest services and security, as well as management and many more. While these records weren’t created for use in litigation however, they can be useful in documenting how a facility was able to perform 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 managers to address any employee who has reported an intoxicated customer.
The investigation should establish whether the manager was on duty and if the report was communicated, and what responses were provided in the evidence. It is important to evaluate the actual operation as opposed to assuming that written instructions were followed or not observed.
Restaurant Records Must Have Their Own Interpretation
Restaurant investigations can be challenging as employees are split between food service, beverage preparation as well as customer demands and dining-room management. A professional witness in the restaurant industry could help explain how employees’ decisions are affected by these responsibilities.
Imagine a dining room incident that involved an individual who had ordered drinks at the bar before making the move to a table. The bar receipt can be evidence of the first purchase while the restaurant transaction records might show subsequent orders.
These records might not show what the server’s information was about the prior service. The combination of server assignments, transaction time, management notes, and employee declarations will help to clarify the order. It is important to recognize an important distinction: simply because alcohol was consumed doesn’t mean staff was intoxicated.
Casino Investigations might require other records
Casinos have drink programs which are distinct from the ones that are offered by restaurants. Complimentary drinks, mobile cocktail servers, gaming floor supervisors and extensive security operations create additional sources of data.
A certified witness from a casino may look over the staffing assignments for beverages as well as surveillance footage and security reports as well as employees’ communication methods. Traditional sales receipts may be insufficient when drinks are provided for free.
In these circumstances, an investigation might rely heavily on the surveillance, employee observation and service records, as well as the procedures that are documented for the facility. The expert must also be able identify any flaws in the evidence, and not accept a partial document.
Save the evidence before it’s unavailable
The preservation of records that are time sensitive is a significant issue for the litigation of hospitality. Surveillance systems may retain recordings for only a short time. Schedules of employees, internal communications, and incident records may be stored in different departments or systems. Attorneys need to identify relevant documents and take appropriate steps early.
The required scope is determined by the allegations. For instance, a restaurant may need bar and dining room records. A resort incident may require event documentation such as travel arrangements or security messages. The targeted reviews will help you determine the records that are crucial without making assumptions that all departments are involved.
The process of preparing paperwork is simpler with experience from the operational side.
Preston Rideout, a hospitality professional since 1996, has extensive experience in nightclub management and bartending and multi-unit beverage operations. Rideout Hospitality Consulting is a business he started in 2010. He has advised restaurants, resorts, and hotel operators throughout the United States.
His work as an expert witness includes matters involving hotels, restaurants resorts, casinos, and resorts for both defense and plaintiff lawyers. This operational background can be helpful in interpreting documents that might appear straightforward to someone unfamiliar with the management of hospitality.
Staffing schedules, for example, identify who has been given the task. To determine if these assignments were proper it is necessary to understand what the service model is of the facility as well as its operating conditions.
Clearness in your questions is the first step towards stronger arguments
Early review by experts can assist attorneys in separating documented facts from unresolved issues. It helps identify documents that are worth requesting and clarify the operational terminology employed in depositions.
There are many reasons why discrepancies may not be indicative of a malfunction. There isn’t a single policy that proves that the correct procedures were followed.
A professional analysis of hospitality is beneficial when it clarifies these distinctions using relevant evidence and industry-recognized practices. Understanding the procedure prior to questioning employees in a hospitality situation can assist lawyers in preparing an argument that is more focused and credible examination.