A report of an incident at a hotel might only be short, perhaps a couple of paragraphs. The report details the guests, describes the incident, identifies the employees who responded, and also records when the management was informed.
For attorneys, this report may be more complicated than it addresses. Who was responsible for supervising the workers in question? Was surveillance footage preserved? Did the facility follow its established guidelines? Did the property experience any prior interactions that weren’t recorded in the report.
These questions show why it is often necessary to examine business records before a witness testifies in a lawsuit regarding hospitality.
Begin with the documents that were created during normal operations
Hotels and restaurants keep records of guest service, scheduling guest service security, training, and management. These records weren’t necessarily designed for litigation, but they may be used to establish how the hotel operated in an incident.
An expert witness in the field of hospitality may examine staffing schedules, and operating procedures, as along with employee training documents as well as security logs, and surveillance camera recordings to determine what responsibilities are assigned to each employee. For instance the policy could specify that the supervisor must respond if an employee reports an intoxicated client.
The investigation should establish whether the manager was involved, if the report was made, and in light of the evidence, what was the response. It is far more crucial to examine the actual performance of the operation rather than to presume that the written instructions were followed or not respected.
The way to interpret restaurant records is different
The employees are split among the food service, beverage preparation as well as customer service and dining room management. This is a major challenge for restaurant investigations. An expert witness from a restaurant can clarify the impact of these responsibilities on decisions taken by employees in service.
Think about an incident in the dining room involving an individual who had purchased alcohol at the bar prior to taking a table. The bar receipt might record the purchase at the beginning, and the transaction records for dining room transactions record later purchases.
However, these documents may not provide proof of what the tableserver was aware of about the previous service. Looking over server assignments, transaction time as well as management notes and employee declarations together will aid in understanding the sequence. It is important to recognize the distinction that simply because alcohol was consumed doesn’t mean staff noticed intoxication.
Casino Investigations may require different documents
Casinos have beverage programs which are distinct from the ones that are offered by restaurants. The addition of complimentary drinks as well as cocktail servers on the gaming floor, and security personnel are all sources of additional information.
A casino expert witness may look into beverage staffing, surveillance footage and security reports. They could also examine protocols for employee communication. Traditional sales receipts may be insufficient when beverages are complimentary.
In such a case an investigation can depend heavily on surveillance available, employee observations and service records, as well as the documented procedures of the facility. The expert needs to also recognize limitations in the evidence instead of taking an insufficient record as proof of an incident.
Save the evidence until it’s no longer available
The preservation of documents that are time sensitive is a significant concern in litigation which involves hospitality. Certain surveillance systems only preserve the records for a set amount of time. Schedules of employees, internal communications, and incident documentation may be archivalized in different systems or departments. Attorneys should identify and save any relevant records as quickly as is possible.
It is contingent on what the claim is. The scope of the investigation will depend on the allegations. A focused review will help identify the relevant records without assuming every department played some role.
The process of preparing paperwork is simpler when you have experience in the field.
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010, he has advised restaurant, hotel, and resort operators in the United States and internationally.
Expert witness testimony in favor of plaintiffs and defendants has encompassed matters that involved resorts, casinos or restaurants, as well as hotels. This background in operations can be helpful in understanding records that may seem straightforward to someone who is not experienced in hospitality management.
A list of staffing plans includes, for instance, the people who were designated to work. Knowing if the assignments offered sufficient supervision requires an understanding of the structure’s service model as well as operational conditions.
To create a stronger argument and build a stronger case, you must ask better questions.
Early expert review can help attorneys distinguish established facts from ambiguous issues. It can help determine which documents are worth seeking or defining the terms that is used in depositions.
Not every discrepancy demonstrates an operational failure, and not every written policy demonstrates that the proper procedures were observed.
The value of expert analysis is to explain the distinctions with relevant evidence and established industry practices. When lawyers prepare an investigation into hospitality, knowing the company prior to questioning its employees can lead to a clearer, more accurate investigation of what actually happened.