An incident report for hotels could be just several paragraphs. The report identifies the guest and describes the disturbance, names the responding employees, and records the time the management was informed.
The report is likely to raise more questions for attorneys than it can solve. Who was responsible for supervising the workers involved? Was surveillance footage preserved? Was the property following its rules? Did the property experience any prior interactions that weren’t included in the report.
These questions highlight the need to examine ordinary business records prior to testimony of witnesses in hospitality litigation.
Begin with the documents that are created in normal operation
Records are kept by hospitality businesses for scheduling, guest services, training for staff and security, as well as management and much more. While these records weren’t created for use in litigation but they can be helpful in documenting how a facility performed in the event of a specific incident.
A hospitality expert witness will review the schedules of staffing as well as operating procedures, employees’ training records, security logs and monitoring recordings in order to better be aware of the responsibilities attributable to different employees. As an example an example, a policy that is official may stipulate that the manager should respond to an employee who informs them of an intoxicated client.
Investigating the incident should determine whether the manager was involved on the incident, if the complaint was made, and based on the evidence, what the manager’s response was. It is important to evaluate the actual operation as opposed to assuming that the written instructions were followed or not followed.
There is a need for an independent interpretation of the restaurant’s records.
Restaurant investigations can be difficult due to the fact that employees have to divide their time between cooking food and serving customers as well as managing the dining area. An expert witness from the restaurant will explain how these duties affect the decisions employees make during service.
Think about an incident in a dining room, involving the patron who bought alcohol at the bar prior to settling into an area to sit. The bar receipt can document the initial purchase, and the transaction records for dining room transactions indicate later purchases.
However, those records might not reveal what the table server was aware of about the earlier service. Combining server assignments with the transaction times, management notes and employee communications will help to clarify the order. It is important to recognize a distinction: simply because alcohol was consumed doesn’t mean the staff noticed intoxication.
Casino Investigations can require different forms of documentation
Casinos operate beverage programs which can be quite different from conventional restaurant service. Other sources of information include free drinks, mobile cocktail servers and gaming floor supervisors.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. The conventional sales receipt may not be valid when complimentary beverages are being served.
In those circumstances, the investigation may depend more heavily on surveillance records or employee reports, service documents, and the procedure for the property’s documentation. The expert also needs to recognize any weaknesses in the evidence, rather than relying on an uncomplete document as evidence of an incident.
Be sure to save the evidence before it’s unavailable
Documents that have to be saved for time is a crucial consideration when it comes to lawsuits related to hospitality. Recordings from surveillance systems can be saved for a specific period of time. Employee schedules, internal communications and incident documentation may be archivalized in different departments or systems. Attorneys should be able to locate relevant documents and implement the appropriate actions early.
The scope of the necessary investigation is contingent upon the facts. The scope of an investigation will depend on the accusations. It is possible to determine relevant records by conducting an investigation that is specific, not being required to assume that all departments were involved.
The Paperwork is a result of the Operational Experience
Preston Rideout has worked in hospitality since 1996. He has experience in bartending, nightclub management, as well as multi-unit drinks operations. Rideout Hospitality Consulting was established in 2010 and has provided guidance to hotels, restaurants and resort owners across the United States.
He has been an expert witness in trials involving hotels, casinos, resorts and restaurants for both the plaintiffs and defense counsel. It is helpful to have a background in hospitality management when interpreting documents that appear simple for those not familiar with the industry.
A staffing plan is one example. It identifies who was given the task. To determine if those assignments were appropriate you must know the model of service for the facility and its operational conditions.
To create a stronger argument to build a stronger case, ask more questions
An early expert review will help attorneys to distinguish between documented facts and unresolved questions. It helps identify documents that should be requested and also clarify the terminology used in depositions.
The reason for discrepancies is not always because of a malfunction. Not every policy that shows the proper procedures were adhered to.
An expert analysis of hospitality is useful in demonstrating the differences using evidence and recognized practices. Attorneys who are preparing for a hospitality lawsuit will benefit from knowing the operations and their employees prior to examining them. This allows for to conduct a thorough examination of what happened.