An incident report for a hotel might only be short, perhaps a couple of paragraphs. The report details the guests, describes the incident, identifies the staff who responded and records when management was notified.
The report may raise multiple issues to an attorney. Who was supervising the employees involved? Was surveillance footage preserved? Did the facility follow its rules? There were earlier interactions that weren’t recorded in the report?
These questions illustrate the need to study the business records of everyday businesses prior to witness testimony in hospitality litigation.
Start with the documents created during normal operations
Hotels create documents for training, scheduling and guest service, security and administration. Although they weren’t intended for legal proceedings, they may help determine the way a property operated in the aftermath of an incident.
An expert witness in the field of hospitality could review the staffing schedules and operating procedures as along with employee training documents as well as security logs, and surveillance camera recordings to determine the responsibilities that are assigned to each individual. A written policy might require that the manager take action to an employee who reports an intoxicated customer.
Investigating the incident should determine if the manager worked on the incident, if the complaint was issued, and from the evidence what the manager’s response was. The objective is to assess the actual operation rather than assuming that the written procedure was implemented or not.
Restaurant Records Need Their Own Interpretation
The employees are split into the food service, beverage preparation customer demands and dining-room management. This presents a problem for investigation into restaurant operations. A professional witness in the restaurant industry will be able to explain how employees’ decisions are influenced by these duties.
Take a look at a dining-room situation involving the customer who purchased alcohol at the bar prior to making the move to a table. The bar receipt may be proof of the initial purchase, while the dining-room transaction records show later orders.
Those records may not reveal what the server knew of the previous service. Examining server assignments, transaction times, management notes, and employee statements together can help clarify the sequence. An important distinction remains: evidence that alcohol was purchased is not automatically evidence that staff recognized intoxication.
Casino Investigations may require different records
Casinos run beverage programs which can be quite different from conventional restaurant service. Cocktails with complimentary drinks, mobile servers, gaming-floor supervisors, and extensive security operations provide additional sources of data.
A professional witness at a casino can review the assignment of staff to drink and surveillance footage as well as security reports and employee communication protocols. When beverages are provided in a free service, the traditional receipts for sales can be insufficient.
In those instances the investigation could rely on surveillance data employees’ observations, employee records, and the procedure for the property’s documentation. The expert must be able to identify any limitations in the evidence and not be content with an insufficient document.
Be sure to save the evidence before it’s unavailable
The preservation of documents that are time sensitive is an important concern in the context of litigation involving hospitality. Records from surveillance systems may be kept for a limited duration. Different departments or systems could archive employee schedules, internal communications and incidental records. Attorneys should be able to locate relevant documents and take appropriate steps early.
The scope of the necessary investigation is contingent upon the accusations. For example an establishment may need restaurant and bar records. A resort-related incident could require documentation for an event and travel arrangements or security communications. Targeted reviews help identify the records that are crucial and not assume that every department is involved.
Operational 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 business he started in the year 2010. He has advised restaurant, resort, and hotel operators throughout the United States.
He has been an expert witness in a variety of cases involving resorts, hotels, casinos and restaurants, for both the plaintiffs and defense counsel. His operational knowledge is helpful when it comes to interpreting data that might seem straightforward to someone who is not familiar with hospitality management.
A staffing schedule For instance, it identifies who was given the task. To determine if these assignments were proper you must know what the service model is of the facility as well as its operating conditions.
A stronger case starts with More lucid questions
An early expert review can help attorneys identify unresolved and documented problems. It may also help identify what documents are worthy of requesting, or clarifying the language used to describe depositions.
It is not necessary to prove that a written policy was followed when there are contradictions.
It is the significance of an expert’s analysis which demonstrates these distinctions using established business practices and pertinent evidence. Attorneys preparing for a hospitality lawsuit will benefit from knowing the company and its employees before interviewing them. This will enable an unbiased analysis of what transpired.