A report of an incident at the hotel could only be short, perhaps a couple of paragraphs. It identifies the guest who caused the disturbance, names the responding employees and details the time management was notified.
The report could raise more than one question for an attorney. Who was the person in charge of the employees in this particular case? Was surveillance footage preserved? Did the facility follow its established guidelines? Was the property involved in earlier interactions not included in the report.
These questions demonstrate the reason why it’s often necessary to examine business records before an individual witness is called to testify in a case involving hospitality.
Begin with the Documents that were created during normal operations
The records are maintained by hospitality companies for scheduling, guest services, staff training and security, as well as management and many more. Although these documents weren’t necessarily intended for litigation, they can help determine the way a property operated during an incident.
A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to understand the responsibilities assigned to different personnel. For instance, an official policy might say that the manager has to respond to an employee who notifies them of a drunk client.
The investigation should determine if the manager was on duty, whether the report was communicated, and what responses were provided in the evidence. It is more important to assess actual operations than to presume that the written instructions were followed or not followed.
Restaurant Records require their own Interpretation
Restaurant investigations present challenges because employees have to divide their time between the preparation of beverages, food service customers’ requests, dining-room management. An expert witness from the restaurant will explain how these duties influence the choices employees make during service.
Think about an incident in the dining area that involved the patron who bought alcohol at the bar prior to taking the table. The bar receipt might be proof of the initial purchase, and the transaction records for dining room transactions will show subsequent orders.
But, these records might not be able to prove what the tableserver was aware of about the previous service. Reviewing all the data, such as servers assigned and transaction times, along with management notes and employee statement can help to understand the process. An important distinction remains: the fact that alcohol was bought does not mean that staff recognized intoxication.
Casino Investigations might require other records
Casino beverage programs can be distinct from those at a traditional restaurant. Complimentary drinks, mobile cocktail servers, gaming floor supervisors and extensive security operations create further sources of information.
A casino expert witness may examine beverage staffing, security reports and surveillance footage. They can also go over protocols for employee communication. Traditional sales receipts might be insufficient when drinks are provided for free.
In those instances the investigation could rely on surveillance data or employee reports, service documents, and the property’s documented procedures. The expert should be able to spot any shortcomings in the evidence, and not accept a partial report.
Save the evidence until it’s no longer accessible
One issue that can arise in hospitality litigation is the preservation of time-sensitive records. Some surveillance systems will only save recordings for a specified period of time. Schedules of employees, internal communications and incident records may be kept in different departments or systems. Attorneys must identify and preserve the records that may be pertinent as soon as possible.
The scope of the investigation varies on the nature of the accusations. For example restaurants may require documents for the dining room or bar. An incident at a resort could require event documentation, travel arrangements, or security communications. Specific reviews can help determine which documents are necessary and not assume that all departments were involved.
Making sense of paperwork is much easier when you have experience in the field.
Preston Rideout is a hospitality veteran with more than twenty years of experience. He has held positions in management, bartending and beverage operations for several units. Rideout Hospitality Consulting is a company he created in 2010. He has provided advice to the resort, restaurant and hotel operators across the United States.
He has been an expert witness in cases involving resorts, hotels, casinos as well as restaurants for attorneys representing defense and plaintiffs. It’s helpful to have a background in hospitality management in order to understand documents that appear simple to those who aren’t experienced in the field.
A list of staffing plans will, for instance, identify those who were assigned to work. To determine whether the assignments were appropriate, you need to know the service model of the building and its operating conditions.
A more convincing case begins with More lucid questions
Early expert reviews help lawyers differentiate between unresolved and documented problems. It may identify additional records that are worth seeking, clarify the operational terminology for depositions, and identify which decisions of employees require more scrutiny.
Every discrepancy is not an operational failure however, not every written policy demonstrates that the proper procedures were observed.
It is the significance of an expert’s assessment that shows these distinctions using established practice in the field and supporting evidence. Attorneys who are preparing for a hospitality lawsuit could benefit from understanding the business and its staff before conducting an interview with them. This will enable an unbiased investigation of what happened.