A hotel incident report might consist of a few sentences. The report lists the guests, describes what happened, names employees who responded, and records when the management was informed.
For attorneys, this report can bring more questions than it can answer. Who was in charge of supervising the employees that were involved? Was surveillance footage preserved? Did the facility follow its prescribed procedures? Were there earlier interactions which were not reflected in the reports?
These questions show why it is often necessary to review business records prior to when a witness testifies in a case involving hospitality.
Begin with the documents that are created in normal operation
The records are maintained by hospitality companies for scheduling, staff training, guest services and security, management and many more. They are not designed for litigation, but they may be used to document how the facility operated during an incident.
A professional witness in hospitality could review the staffing schedules and operating procedures as well as employee training files, logs of security, and footage from surveillance cameras to determine the duties that are assigned to each person. For example the written policy may call for a supervisor to act to an employee who reports an drunken guest.
Investigating whether or if the manager actually was working and whether or not the report was properly communicated and the responses evident from the evidence available should be the goal. Instead of concluding that the procedures were observed or not The goal is to evaluate how actual operations actually took place.
Restaurant Records Must Have Their Own Interpretation
The employees are split among the catering, beverage prep, customer requests and dining-room management. This creates a challenge for restaurant investigations. A professional witness in the restaurant industry can explain how employees’ decisions are affected by these responsibilities.
Take a look at an incident that occurred in a dining room, involving the patron who bought alcohol at the bar prior to moving to a table. The bar receipt might prove the initial purchase while the dining-room transaction records will show subsequent orders.
But, these records might not provide proof of what the tableserver was aware of about the previous service. The combination of server assignments, transaction time, management notes and employee statements can clarify the sequence. A distinction needs to be made The fact that alcohol was sold does not necessarily suggest that employees are aware of the presence of alcohol.
Casino Investigations may require different records
Casino beverage programs can be quite different from the ones of a traditional restaurant. Drinks are free, there are mobile cocktail servers, gaming floor supervisors as well as extensive security operations are additional sources of information.
A casino expert witness may look into beverage staffing, security footage, and surveillance videos. They could also examine the procedures for employee communications. The traditional sales receipt may not be accurate when complimentary beverages are involved.
In these circumstances the investigation will rely more heavily upon surveillance employees’ observations, employee records, and procedure for the property’s documentation. The expert should also be able recognize any flaws in the evidence and not accept a partial report.
Save the Evidence Prior to It becomes unavailable
The preservation of documents that are time sensitive is a significant concern in litigation involving hospitality. Surveillance systems may retain recordings for short periods. The information about employee schedules and internal communications as well as incident documentation are stored by different departments or by different systems. Attorneys should be able to spot potentially relevant documents early and take the appropriate steps to secure these records.
The nature of the investigation will depend on the nature of the allegations. A restaurant claim may require documentation for dining and bar areas as well as a resort incident could require documentation of the event transport arrangements, as well as security communications. It is possible to locate relevant documents by performing an in-depth review without being able to conclude that every department was involved.
Operations Experience Helps Explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a company that he established in the year the year 2010. He has provided advice to restaurants, resorts and hotel operators across the United States.
He has been an expert witness in the case of resorts, hotels, casinos and restaurants, for both plaintiffs’ and defense counsel. His operational knowledge is helpful when interpreting records that may appear straightforward to someone unfamiliar with the management of hospitality.
A staffing schedule can, for example, identify who was given the task. Being aware of whether the assignments provide sufficient supervision requires an understanding of the service model of the facility and its operational conditions.
The ability to clearly state the issue is the first step to a more convincing argument
A quick review by an expert will help lawyers distinguish the evidence-based facts from issues that remain unresolved. It can identify records that should be requested and also define the terms that is used in depositions.
It is not necessary to prove that a policy written was adhered to if there are differences.
The value of hospitality experts is that they can explain those distinctions through relevant evidence and recognized industry practices. Attorneys preparing for a hospitality lawsuit will benefit from knowing the operation and its employees before conducting an interview with them. This will permit a more focused analysis of what transpired.