A hotel incident report could consist of a few sentences. The report will contain the name of the guest, a description of the disturbance and the names of the staff members who responded.
The report can raise more than one question to an attorney. Who was the supervisor of the employees involved in this matter? Was surveillance footage preserved? The property had its own procedure. Did you have any previous interactions that were not reported?
This is why it is often necessary to look over business records prior an individual witness is called to testify in a hospitality lawsuit.
Start with the documents created in Normal Operation
The records are maintained by hospitality companies for scheduling, guest services, staff training and security management and much more. These records weren’t necessarily created for court proceedings, but they can be used to establish how the facility operated during an incident.
A professional witness in hospitality may review staffing schedules and operating procedures, as in addition to employee training files, logs of security, and surveillance camera recordings to determine what responsibilities are assigned to each employee. For example, a written policy might require a manager to respond to an employee who reports an drunken guest.
Examining the incident will determine whether the manager was working or if the report was made, and based on the evidence, what was the response. Instead of inferring that procedures were adhered to or not it is important to assess how the actual operation actually took place.
There is a need for an independent understanding of the restaurant’s record.
The employees are split among the food service, beverage prep as well as customer service and dining room management. This poses a challenge for restaurant investigations. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a scenario where a client ordered alcohol at the bar, and later moved to tables. The bar receipt may record the order at first, and the records from the dining room will record the subsequent orders.
The information in those records might not be revealing what the server knew of the prior service. Reexamining server assignments, transaction times as well as management notes and employee declarations together will help clarify the sequence. A distinction must be made: the fact that alcohol was available for sale doesn’t necessarily mean that staff members recognized intoxication.
Casino Investigations may require different forms of documentation
Casino beverage programs can be quite different from the ones of the traditional restaurant. The additional drinks that are complimentary, cocktail servers at the casino floor, and security personnel can provide additional information.
An expert witness from a casino can review beverage staffing assignments, security reports, surveillance footage and the procedures that govern employee communication. If the beverages are offered as a complimentary service traditional sales receipts can be inadequate.
In this case the investigation may rely more heavily on surveillance, employee observation as well as service records and documented procedures. The expert should also be able to identify shortcomings in the evidence rather than treating an incomplete record as proof of a specific event.
Make sure you save the evidence prior to when it is no longer available
Preserving time-sensitive documents is an important concern in litigation which involves hospitality. Certain surveillance systems only preserve recordings for a specified period of time. Different departments or systems could store employee schedules, internal communications as well as incidental documentation. Attorneys need to identify and archive documents that could be relevant as quickly as they can.
The appropriate scope will depend on the allegations. For example the restaurant might require documents for the dining room or bar. An incident at a resort could require event documentation such as travel arrangements or security communications. You can determine relevant documents by performing an investigation that is specific, not being required to assume that every department was involved.
Operations Experience Helps Explain the Paperwork
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held roles in management, bartending, and beverage operations across multiple businesses. Rideout Hospitality Consulting is a company he founded in 2010. He has provided advice to on resort, restaurant and hotel owners across the United States.
Expert witness testimony for plaintiffs and defendants has covered matters involving casinos, resorts, restaurants, and hotels. This operational background can be beneficial in the interpretation of records that could seem easy to a person who is unfamiliar with hospitality management.
Staffing schedules, like you can identify the person who was given the task. To determine if these assignments were proper, you need to know the structure of the facility as well as its operating conditions.
To create a stronger argument to build a stronger case, ask more questions
An early expert review can help attorneys differentiate between unresolved and documented issues. It could help identify which documents merit requesting or clarifying the language used to describe depositions.
Some discrepancies are not indicative of a malfunction. Neither is every policy that proves the correct procedures were observed.
It is important to have an expert’s assessment that shows these distinctions by using recognized industry practices and relevant evidence. Attorneys preparing for a lawsuit can benefit from understanding the operation and its employees prior to examining them. This will allow a more focused review of the events that occurred.