An incident report for hotels could be just one or two paragraphs. The report names the guests, explains the incident, names the staff who responded and also records when management was notified.
For attorneys, this report could raise more questions than it provides answers. Who was supervising the employees who were involved? Was surveillance footage preserved? Did the facility follow its prescribed procedures? Did you have any previous interactions which were not documented?
These questions highlight why hospitality litigation usually calls for an examination of regular business records before testimony of witnesses begins.
Begin with the Documents that were created During Normal Operations
Documents are kept by hospitality firms to record scheduling staff training, guest services and security, as well as management and much more. These documents were not necessarily made for litigation but they could be used to prove how the facility operated during an incident.
A Hospitality expert witness may study staffing plans, operating procedures, employee education documents, security logs and surveillance recordings to understand the responsibilities assigned to different employees. A written policy might require that the manager take action to the employee who complains about an intoxicated client.
The investigation should establish whether the manager was in fact working, whether the report was shared, and the responses were provided in the evidence. Instead of concluding that the procedures were followed or ignored, the goal is to assess how the actual operation actually took place.
There is the need for a different interpretation of the restaurant’s records.
The employees are divided between the food service, beverage preparation, customer requests and dining-room management. This presents a problem for restaurant investigations. An expert witness from the restaurant can discuss how these responsibilities influence the choices employees make during service.
Think about an incident in the dining area that involved an individual who had purchased alcohol at the bar prior to taking an area to sit. The bar receipt might document the initial purchase, and the transaction records for dining room transactions indicate later purchases.
However, these documents may not be able to prove the knowledge of the tableserver about the prior service. Examining all the information together, such as server assignments and time-of-transactions together with the management’s notes and employee declarations, can help to clarify the sequence. It is important to distinguish when it comes to alcohol: the fact that it was sold does not necessarily indicate that employees have been able to detect intoxication.
Casino Investigations may require different documents
Casinos have drink programs that differ from the ones that are offered by restaurants. Additional sources of information include free drinks as well as mobile cocktail servers, and gaming-floor supervisors.
An expert witness from a casino may look over the staffing assignments for beverages along with surveillance footage as well as security reports and employee communications procedures. The standard sales receipt may not be correct when complimentary beverages are involved.
In these circumstances the investigation might rely more heavily on surveillance records employees’ observations, employee records, and process of the property’s documents. The expert should be able to identify any flaws in the evidence, and not be content with an insufficient report.
Be sure to save the evidence before it becomes unavailable
One practical concern in litigation involving hospitality is the preservation of time-sensitive documents. Records from surveillance systems may be stored for a short time. Schedules of employees, internal communications as well as incident-related documentation could be stored in different departments or systems. Attorneys should be able to spot potentially relevant records early and take the appropriate steps in order to preserve these records.
The nature of the investigation will depend on the type of allegations. For instance an establishment may need bar and dining room records. A resort incident may require documentation for an event, travel arrangements, or security communication. A focused review will help identify the relevant records without assuming every department played an important function.
The Paperwork is a Product of operational experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting was established in the year 2010 and has offered assistance to hotel, restaurant and resort owners across the United States.
He has been an expert witness in a variety of cases involving hotels, casinos, resorts and restaurants for both attorneys representing defense and plaintiffs. The operational background can be useful when it comes to interpreting data that might appear straightforward to someone unfamiliar with the management of hospitality.
Staffing schedules, such as determine who was given the task. Understanding whether those assignments provided sufficient supervision requires an understanding of the service model of the facility and its operational conditions.
A stronger case starts with Simpler Questions
A quick review by an expert will help lawyers distinguish between documents and unresolved issues. It can help identify other records worth requesting, clarify operational terminology for depositions, and determine which employee decisions require a closer look.
The reason for discrepancies is not always because of an operational issue. Neither is every policy that proves the correct procedures were followed.
It is the significance of an expert’s report that illustrates these distinctions using established practice in the field and supporting evidence. When lawyers prepare an investigation into hospitality, knowing the operation before questioning its employees could lead to a more specific, convincing investigation of what actually happened.