A hotel incident report may contain only a few paragraphs. It identifies the guest who caused the disturbance and identifies the staff who responded and records the date management was notified.
This report may raise more questions for an attorney than it could answer. Who was accountable for supervising these employees? Was surveillance footage preserved? Did the property follow established guidelines? Were there earlier interactions that weren’t recorded in the reports?
These questions illustrate why hospitality litigation usually requires an examination of ordinary documents of business before witness testimony begins.
Begin by examining the documents made during normal operations
Hotels and restaurants keep records of guest service, scheduling guest service along with security and management. These records weren’t necessarily intended for litigation however they may be used to prove how the property operated during an incident.
An expert witness in hospitality might review staffing plans and operating procedures as in addition to employee training files, logs of security, as well as recordings from surveillance cameras to determine what responsibilities are assigned to each person. A written policy could require the manager to respond to employees who report an intoxicated customer.
The investigation should establish whether the manager was involved and if a report was made, and in light of the evidence, what was the response. It is far more crucial to look at actual actions than to assume that written instructions were adhered to or ignored.
The way to interpret restaurant records is different
The employees are divided between the catering, beverage prep customer demands and dining-room management. This poses a challenge for investigation into restaurant operations. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Consider a dining-room incident involving customers who have ordered alcohol at the bar, before moving to a table. The bar receipt can be evidence of the initial purchase, whereas the transactions in the dining room could document subsequent orders.
But, these records may not be able to determine the information that the table server had about the previous service. Looking over server assignments, transaction time notes of management and employee statements together can assist in determining the order. It is essential to keep a distinction: the fact that alcohol was purchased does not mean that the employees were intoxicated.
Casino Investigations may require different records
Casino beverage plans can be quite different from the ones of a typical restaurant. Additional sources of information are complimentary drinks cocktails, mobile servers for drinks and gaming floor supervisors.
An expert witness from a casino can examine beverage staffing assignments, surveillance footage, security reports and employee communications. Traditional sales receipts may give an inaccurate account if beverages are free.
In these circumstances an investigation can rely heavily on the surveillance records, employee observations and service records, as well as the procedures documented by the premises. Experts must identify the limitations of evidence, rather than relying on insufficient data as evidence.
Save the Evidence Prior to It Does Not Remain Available
A major concern when it comes to hospitality litigation is the protection of time sensitive documents. Recordings from surveillance systems can be kept for a limited duration. Information about employee schedules and internal communication as well as incident records could be stored by various departments or systems. Attorneys need to identify relevant records in the early stages and take appropriate steps to preserve these records.
The scope of the investigation varies on the type of accusations. The scope of an investigation will depend on the allegations. A focused review will help identify the relevant records without taking for granted that every department played an important part.
Operational Experience helps explain the Paperwork
Preston Rideout has worked in hospitality since 1996. He has previous experience in bartending and nightclub management, and multi-unit drinks operations. Rideout Hospitality Consulting is a company he founded in 2010. He has advised restaurants, resorts and hotel operators across the United States.
Expert witness testimony on behalf of plaintiffs as well as defendants has involved matters that involved resorts, casinos or restaurants, as well as hotels. That operational background is useful in interpreting documents that might seem straightforward to someone who is not familiar with the management of hospitality.
A staffing schedule, for instance, identifies the employees assigned to work. Understanding whether those assignments provided adequate supervision is dependent on knowing the property’s service model and operational conditions.
Clearness in your questions is the first step to an argument that is stronger
Early expert review helps attorneys distinguish between documented and unresolved problems. It may also help identify what documents are worth seeking or clarifying the terms used to describe depositions.
The reason for discrepancies is not always because of a failure in operation. Not every policy that proves that the correct procedure was adhered to.
The benefit of experts is that they can explain those distinctions through relevant evidence and recognized industry practices. Attorneys who are preparing for a hospitality lawsuit can benefit from a thorough understanding of the company and its employees before interviewing them. This will enable an in-depth review of the events that occurred.