The hotel incident report may just be a few paragraphs. The report will contain the name of the guest, the description of the incident, and the names of the responding staff.
The investigation could bring up more than one question for an attorney. Who was the person who was supervising employees who were involved? Was surveillance footage preserved? Did the property follow its standard procedures? Were there earlier interactions that weren’t recorded in the report?
These issues illustrate why hospitality litigation usually demands an examination of normal documents of business before witness testimony commences.
Begin with the Documents that were created During Normal Operations
The hospitality industry’s businesses keep records of scheduling, guest service security, training, and management. Even though these documents weren’t created for lawsuits, they can be used to determine how a facility performed during a particular incident.
A professional witness in hospitality might review staffing plans and operating procedures as in addition to employee training files or logs of security and recordings from surveillance cameras to determine the roles that are given to each employee. For example, a written policy might require a manager to respond to an employee’s report of an intoxicated guest.
Investigating whether or not the manager was actually working and whether or not the report was distributed and the responses confirmed by the evidence should be the goal. It is important to examine the actual performance of the operation rather as opposed to assuming that written instructions were adhered to or not observed.
Restaurant Records require their own Interpretation
Restaurant investigations are challenging because employees have to divide their time between food service, beverage preparation customers’ requests, the management of dining rooms. An expert witness from the restaurant can provide an explanation of how these responsibilities impact the choices that employees take during service.
Imagine a scenario where the client purchased alcohol at the bar before being moved to tables. The bar receipt may be proof of the initial order, while dining-room records will show the orders that were later placed.
However, the records may not be able to determine what the table server knew about the previous service. Combining the server assignments the time of transactions, managerial notes and employee statements will help to clarify the order. A distinction needs to be made that the fact that alcohol was sold does not necessarily indicate that employees have been able to detect intoxication.
Casino Investigations May require different documents
Casino beverage programs can be significantly different from those offered by a traditional restaurant. Additional sources of information are free 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. When beverages are provided as a complimentary benefit, the receipts from sales traditionally are insufficient.
In those circumstances the investigation will rely more heavily on surveillance records employees’ observations, employee documents, and the property’s documented procedures. Experts should be aware of the weaknesses of evidence instead of relying on incomplete records as proof.
Keep the Evidence in place before it Becomes Unavailable
The preservation of records that are sensitive is a significant issue for hospitality litigation. Records from surveillance systems may be retained for a brief period of time. Different departments or systems can store employee schedules, internal communications and incidental documents. Attorneys must identify pertinent records and take the necessary steps in the early stages.
The scope of the necessary investigation is contingent upon the allegations. A restaurant case may require documentation for dining and bar areas, while a resort incident could require documentation of the event along with transportation arrangements, and security communications. A targeted review helps establish the records that are pertinent without taking for granted that every department played an important function.
The Paperwork is a Result of the Operational Experience
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held positions in management, bartending, as well as beverage operations for several units. Rideout Hospitality Consulting is a company he created in the year 2010. He has advised the resort, restaurant and hotel owners across the United States.
He has been an expert witness in a variety of cases involving resorts, hotels, casinos and restaurants for the defense and plaintiffs. It’s useful to have an understanding of hospitality management when interpreting documents that seem straightforward to those who are not familiar with the business.
A list of staffing plans includes, for instance, those assigned to work. To determine if these assignments were appropriate it is necessary to understand the service model of the facility as well as its operating conditions.
A more convincing case begins with Simpler Questions
An early expert review will assist attorneys in separating documents and unresolved issues. It may help identify which documents are worthy of requesting, or clarifying the terminology used to describe depositions.
Each discrepancy does not indicate an operational flaw however, not every document proves that the appropriate procedures were followed.
It is the value of an expert’s assessment that shows these distinctions using established industry practices and relevant evidence. For attorneys preparing a hospitality case, understanding the company prior to questioning its employees could lead to a more focused, credible analysis of what actually transpired.