The hotel incident report could only contain a few sentences. The report identifies the guest, describes a disturbance that occurred, names the respondent employees, and records the time the management was informed.
The report can raise multiple questions for an attorney. Who was the manager of the employees that were implicated in this case? Was surveillance footage preserved? The property was following its own policies. Are there any interactions that occurred prior to the property which were not documented?
These questions highlight why hospitality litigation often calls for an examination of regular business records before testimony of witnesses commences.
Begin with the documents that were created during normal operations
The hospitality industry produces records to schedule, train guests, guest service, security and administration. Even though these documents weren’t designed to be used in litigation, they could help determine how a facility performed during a particular incident.
A witness from the hospitality industry will review the schedules of staffing as well as operating procedures, documents for employee training as well as security logs and surveillance recordings in order to better comprehend the duties assigned to which personnel. As an example, an official policy might state that the manager must respond if an employee notifies them of a drunk client.
The investigation must determine if the manager was on duty, whether the report was shared, and the response the available evidence documents. The objective is to assess the actual activities rather than inferring that the procedures written down were implemented or not.
Restaurant Records Must Have Their Own Interpretation
Restaurant investigations present challenges because employees are split between food service, beverage preparation as well as customer demands and dining-room management. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a scenario where a client ordered alcohol at the bar, and later moved to tables. The bar receipt may document the first purchase while the restaurant transaction records might reveal subsequent purchases.
However, these records may not provide proof of the knowledge of the tableserver about the earlier service. Combining the server assignments the time of transactions, managerial notes and employee communications will help to clarify the order. It is essential to keep the distinction that just because alcohol was bought does not mean that the staff was intoxicated.
Casino Investigations may require different records
Casino beverage programs can be quite different from the ones of the traditional restaurant. Other sources of information are complimentary drinks serving mobile cocktails, mobile cocktail servers as well as gaming-floor supervisors.
A casino expert witness could review beverage staffing, security footage and surveillance. They could also examine the procedures for employee communications. If the beverages are offered as a complimentary benefit, the traditional receipts for sales can be insufficient.
In such a case the investigation might rely more heavily on available surveillance and employee observation, service records, and documenting procedures of the property. The expert should be able identify any limitations in the evidence, and not accept a partial report.
Be sure to save the evidence before it’s unavailable
Preserving time-sensitive documents is an important concern when it comes to litigation related to hospitality. Surveillance systems can keep records for short periods. Schedules of employees, internal communications and incident documentation may be kept in different departments or systems. Attorneys must be aware of relevant records and take the necessary steps in the early stages.
The nature of the investigation will depend on the nature of the accusations. For instance restaurants may require bar and dining room records. A resort-related incident could require event documentation as well as travel arrangements, or security communications. A specific audit helps determine which records are relevant without having to assume that all departments played any part.
The process of preparing paperwork is simpler with operational experience
Preston Rideout, a hospitality professional since 1996, has worked in nightclub management and bartending in addition to multi-unit drink operations. Through Rideout Hospitality Consulting, established in 2010, he has consulted hotels, restaurants, and resort owners in the United States and internationally.
He has been an expert witness in cases involving hotels, casinos, resorts and restaurants for plaintiffs’ and defense counsel. His operational knowledge is helpful when it comes to interpreting data that might seem simple to someone not familiar with hospitality management.
A list of staffing plans, for example identifies those assigned to work. Knowing if the assignments offered the proper supervision requires understanding of the model of service for the property and operating conditions.
To build a stronger case and build a stronger case, you must ask better questions.
An early expert review will help attorneys to distinguish between documented facts and unresolved questions. It can identify records that should be requested and also clarify the terminology employed in depositions.
Some discrepancies are not indicative of an operational failure. Not every policy that shows the proper procedure was observed.
It is the significance of an expert’s analysis which demonstrates these distinctions using accepted practice in the field and supporting evidence. In the case of attorneys who are working on an investigation into hospitality, knowing the operations prior to questioning employees can result in a more specific, convincing investigation of what actually happened.