An incident report for hotels could be just one or two paragraphs. The report identifies the guests, describes the disturbance, names the personnel who responded, and records when the management was informed.
This report may bring up more questions for attorneys than it can answer. Who was accountable for supervising these employees? Was surveillance footage preserved? Was the property in compliance with its rules? Do you know of any prior interactions which were not recorded?
These questions demonstrate the reason why it’s often necessary to examine business records before a witness testifies in a hospitality lawsuit.
Start With the Documents Created during normal operations
Records are kept by hospitality businesses to plan, guest services, staff training and security, as well as management and much more. These records were not always designed for litigation, but they could be used to determine how the facility 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 A written policy could require a manager to respond when an employee has a complaint about an drunken guest.
The investigation should establish whether the manager was in fact working on the report, if it was shared, and the response the available evidence documents. It is far more crucial to evaluate the actual operation than to presume that written directives were followed or not followed.
There is the need for a different interpretation of the restaurant records
The investigation process in restaurants is difficult due to the fact that employees have to divide their time between food preparation serving customers, as well as overseeing the dining room. An expert witness from a restaurant can describe the effect of these duties on the decisions taken by employees while they serve.
Imagine that the customer ordered drinks at the bar before being transferred to tables. The bar receipt could document the purchase made at the bar, while dining room transaction records may reveal subsequent purchases.
The information in those records might not be revealing the server’s knowledge of the prior service. Combining server assignments and transaction times, as well as management notes and employee statements can clarify the sequence. It is important to distinguish: the fact that alcohol was offered for sale does not suggest that employees are aware of intoxication.
Casino Investigations can require different forms of documentation
Casinos offer beverage services that differ from those offered by restaurants. Additional sources of information include free drinks cocktails, mobile servers for drinks and gaming-floor supervisors.
A casino expert witness could look into beverage staffing, security footage, and surveillance videos. They could also examine protocols for employee communication. The traditional sales receipt may not be true when complimentary beverages are involved.
In those instances, the investigation may depend more heavily on surveillance records employees’ observations, employee records, and documenting procedures of the property. The expert should also be able to identify shortcomings in the evidence instead of taking an insufficient record as proof of a specific event.
Keep the evidence in place until it’s unavailable
The preservation of documents that are sensitive is a real concern for hospitality litigation. Certain surveillance systems can only store records for a specific period of time. Different systems or departments may store employee schedules, internal communication, and incident documents. Attorneys should identify potentially relevant records in the early stages and take appropriate steps to preserve the records.
It’s all about the nature of the claim. For example the restaurant might require bar and dining room records. A resort incident may need documentation of the event, travel arrangements, or security communication. A targeted review helps establish the records that are pertinent without taking for granted that every department played some role.
Operations Experience Helps Explain the Paperwork
Preston Rideout is a hospitality veteran with over 20 years of experience. He has held roles in management, bartending and beverage operations for several units. Through Rideout Hospitality Consulting, established in 2010, he has advised hotels, restaurants, and resort operators throughout the United States and internationally.
He has served as an expert witness in trials involving resorts, hotels, casinos and restaurants for the plaintiffs and defense counsel. This operational background can be helpful in interpreting documents that might seem straightforward to someone who is not familiar with hospitality management.
Staffing schedules, like to identify who has been given the task. Knowing the service model and the operational requirements of a facility is vital to determine if the assignments are supervised in a proper manner.
A stronger case starts with Clarer Questions
Early expert reviews help lawyers differentiate between unresolved and documented issues. It can help determine which documents are worth seeking or clarifying the terms used for depositions.
There are many reasons why discrepancies may not be indicative of a failure in operation. Not every policy that shows the proper procedures were observed.
The value of hospitality expert analysis is to explain these distinctions using relevant evidence and established industry practices. Knowing the process prior to conducting an investigation into employees in a hotel case can assist attorneys in preparing an argument that is an unbiased and trustworthy examination.