A hotel incident report may contain only a few paragraphs. It will include the name of the guest, a description of the incident and the names of the people who were involved in the incident.
An attorney’s report can raise more questions than it answers. Who was in charge of supervising these employees? Was surveillance footage preserved? Did the property follow the rules? Do you know of any prior interactions that were not disclosed?
These questions demonstrate the need to look over business records prior witness testimony in a hospitality lawsuit.
Start with the documents created in normal operation
Hospitality businesses generate records to schedule, train and guest service, security, and management. These records weren’t necessarily made for litigation but they could be used to prove how the hotel operated in 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. For example the written policy may require a manager to respond to an employee who reports an drunken guest.
Examining whether or not the manager actually was working and whether or not the report had been communicated and what response is documented by the available evidence should be the goal. The aim is to determine actual actions rather than to assume that the written procedure was implemented or not.
The interpretation of restaurant records can be different
The employees are split into the food service, beverage preparation customer demands and dining-room management. This is a major challenge for investigation of restaurants. A qualified witness in the restaurant industry could help show how decisions made by employees are influenced by these duties.
Think about an incident in the dining area that involved a patron who purchased drinks at the bar prior to taking a seat. The bar receipt can record the purchase at the beginning, and the transaction records for dining room transactions record later purchases.
However, these records may not provide proof of the knowledge of the tableserver about the previous service. The combination of server assignments with the transaction times, management notes, and employee records can help clarify the process. It is important to recognize distinctions: just because alcohol was bought does not mean that employees were intoxicated.
Casino Investigations can require different forms of documentation
The beverage offerings at casinos can be distinct from those at a typical restaurant. Complimentary drinks, mobile cocktail servers, gaming floor supervisors as well as extensive security operations are additional sources of data.
A certified witness from a casino may review the beverage staffing assignments along with surveillance footage including security reports, employee communications procedures. Traditional sales receipts can provide an incomplete account when beverages are complimentary.
In such circumstances an investigation may rely heavily on the surveillance records, employee observations and service records, as well as the procedures that are documented for the property. The expert should also be able identify any weaknesses in the evidence and not simply accept a faulty document.
Make sure you keep the evidence until it’s no longer accessible
Preserving time-sensitive documents is a major concern when it comes to litigation related to hospitality. Some surveillance systems only keep recordings for a specified period of time. Information regarding employee schedules and internal communication and incident documents can be stored by different departments or systems. Attorneys need to identify relevant documents and take appropriate steps in the early stages.
The extent of the investigation is contingent on the nature of the accusations. The scope of an investigation will depend on the accusations. You can identify relevant records through an in-depth review without being required to assume that all departments were involved.
Understanding the paperwork is easier when you have experience in the field.
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held various positions in management, bartending, and beverages operations in a variety of companies. Through Rideout Hospitality Consulting, established in 2010 he has advised hotel, restaurant, and resort operators in the United States and internationally.
He has been an expert witness in trials involving hotels, casinos, resorts and restaurants, for both attorneys representing defense and plaintiffs. The operational background can be useful in interpreting documents that might seem straightforward to someone who is not familiar with the management of hospitality.
A schedule of staffing will, for instance, identify the employees who were designated to work. To determine if the assignments were appropriate it is necessary to understand what the service model is of the property and its operating conditions.
To create a stronger argument, ask better questions
A quick review by an expert will help lawyers distinguish the established facts from ambiguous issues. It may also help identify what records are worth requesting or clarifying the terms used for depositions.
It is not required to prove that a policy written was adhered to if there are divergences.
The benefit of expert analysis lies in explaining those distinctions through relevant evidence and industry-wide practices that are well-known. If lawyers are preparing the case for a hospitality client, understanding the business prior to questioning its employees can lead to more specific, convincing review of the actual events.