An incident report for a hotel might only be a few paragraphs long. The report identifies the guest who caused the disturbance that occurred, names the respondent employees and details the time management was notified.
An attorney’s report can cause more questions than it answers. Who was the person in charge of the employees in this incident? Was surveillance footage preserved? Was the property following its procedures? Are there any earlier interactions that were not documented?
These issues illustrate why hospitality litigation often requires an examination of ordinary business records prior to when witness testimony begins.
Begin by examining the documents made during normal operations
Businesses that operate in the hospitality industry create records to schedule, train, guest service, security, and management. Although these records were not intended to be used in litigation They are helpful for understanding how a business was able to perform during an incident.
An expert witness in the field of hospitality may examine staffing schedules, and operating procedures as well as employee training files as well as security logs, as well as recordings from surveillance cameras to determine the roles that are assigned to each person. Written policies may demand managers to address an employee who reports an intoxicated client.
The investigation should determine if the manager was actually working, whether the report was shared, and the response was provided by the evidence. It is much more important to assess actual operations than to presume that written instructions were followed or not respected.
The interpretation of restaurant records is different
Restaurant investigations can be difficult because employees must divide their time between food preparation in the kitchen, serving customers and managing the dining room. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine that the client purchased alcohol at the bar, and later transferred to an area at a table. The bar receipt may record the order at first, while the dining room records will document the orders that were later placed.
However, these records might not provide a clear picture of what the table server was aware of about the earlier service. Reexamining server assignments, transaction times notes of management and employee communications together could help to clarify the process. It is important to make a distinction: just because alcohol was bought doesn’t mean the employees were intoxicated.
Casino Investigations May require different documents
Casinos operate beverage programs that can differ substantially from traditional restaurant services. The inclusion of complimentary drinks as well as cocktail servers on the gaming floor, and security personnel can provide additional information.
A certified witness from a casino may review the beverage staffing assignments and surveillance footage as well as security reports and employee communication procedures. Traditional sales receipts could provide an incomplete account when beverages are complimentary.
In this case an investigation can rely on surveillance, employee observation service records, and other documented procedures. The expert should be able identify any limitations in the evidence and not just accept an incomplete report.
Keep the Evidence in place before it Does Not Remain Available
Preserving time-sensitive documents is an important concern when it comes to litigation which involves hospitality. Certain surveillance systems only preserve recordings for a certain period of time. Different departments or systems can archive employee calendars, internal communications as well as incidental documentation. Attorneys need to identify and archive any relevant records as quickly as is possible.
It’s dependent on the type of claim. A restaurant claim may require the bar’s and dining room’s records and a resort-related incident may require event documentation, transportation arrangements, and security communications. A specific review can help determine the records that are pertinent without presuming that every department had a function.
Understanding the paperwork is easier when you have experience in the field.
Preston Rideout has worked in hospitality since 1996, with previous experience in bartending and nightclub management, as well as multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to restaurant, hotel, and resort operators throughout the United States and internationally.
He has been an expert witness in the case of resorts, hotels, casinos and restaurants for the defense and plaintiffs. The operational background is useful in interpreting records which appear straightforward to someone who isn’t familiar with hospitality management.
A staffing schedule will, for instance, identify the employees who were designated to work. To determine if those assignments were proper you must know the service model of the building and its operating conditions.
Clarity in the questions is the first step in stronger arguments
A quick review by an expert will help lawyers distinguish between documents and unresolved issues. It may identify additional records that are worth seeking, clarify the operational terminology for depositions, and establish which employee decisions require more scrutiny.
It is not required to prove that a written policy was followed if there are discrepancies.
The value of expert analysis is in demonstrating those distinctions through relevant evidence and recognized industry practices. For attorneys preparing the case for a hospitality client, understanding the business prior to questioning its employees can lead to a more precise, reliable review of the actual events.