An incident report for hotels could be just short, perhaps a couple of paragraphs. It will include the name of the guest, a description of the disturbance as well as the names of the people who were involved in the incident.
The investigation could bring up multiple questions to an attorney. Who was the supervisor of the employees who were involved in this particular case? Was surveillance footage preserved? Did the property follow established procedures? Are there any interactions that occurred prior to the property which were not documented?
These issues illustrate the reason why hospitality litigation typically requires an examination of ordinary business records before testimony of witnesses commences.
Begin with the documents that were created during normal operations
Companies in the hospitality sector keep records of guest service, scheduling guest service as well as security, training and management. Although these records were not intended for use in litigation They are helpful for documenting how a facility was able to perform 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. Written policies may demand managers to address an employee who reports an intoxicated customer.
Examining the incident will determine whether the manager was working and if a report was issued, and from the evidence what the response was. The goal is to evaluate actual actions rather than to assume that written procedures were either followed or ignored.
Restaurant Records Need Their Own Interpretation
Investigations in restaurants are difficult because restaurant employees are required to split their time between food preparation, serving customers, and managing the dining room. A Restaurant expert witness can provide an explanation of how these responsibilities influence the choices employees make when they serve.
Think about an incident in the dining room involving a patron who purchased drinks at the bar prior to settling into the table. The bar receipt may document the initial purchase, and the transaction records for dining room transactions record later purchases.
However, these records may not provide proof of the knowledge of the tableserver about the previous service. Examining all the information together, such as server assignments and transaction times and management notes and employee statement could help in determining the order of events. An important distinction remains: evidence that alcohol was purchased is not automatically evidence that staff recognized intoxication.
Casino Investigations Can Require Different Records
Casinos offer drink packages that differ from the ones provided by restaurants. Additional sources of information are complimentary drinks, mobile cocktail servers and gaming-floor supervisors.
A casino expert witness may review beverage staffing, surveillance footage and security reports. They could also examine processes for employee communication. The standard sales receipt may not be valid when complimentary beverages are being served.
In such a case an investigation may depend on surveillance records, employee observations and service records, in addition to the procedures that are documented for the facility. The expert should also be able to spot any limitations in the evidence, and not accept a partial record.
Make sure you save the evidence prior to when it’s unavailable
The preservation of records that are sensitive is a real concern for the litigation of hospitality. Surveillance systems can keep records for only a short time. Employee schedules, internal communications and incident documentation may be archivalized in different departments or in different systems. Attorneys should identify potentially relevant records in the early stages and take appropriate steps to preserve the records.
It is contingent on what the claim is. For instance, a restaurant may need the records of its dining room and bar. A resort incident might need documentation of the event such as travel arrangements or security communications. It is possible to find relevant records through an in-depth review without being required to assume that all departments were involved.
The Paperwork is a Product of the Operational Experience
Preston Rideout, a hospitality professional since 1996, has worked in the management of nightclubs and bartending in addition to multi-unit drink operations. Rideout Hospitality Consulting is a company that he established in the year 2010. He has advised restaurant, resort, and hotel operators throughout the United States.
Expert witness work for him includes matters that involve hotels, restaurants resorts, casinos, and restaurants for defense and plaintiff counsel. The operational background can be useful in interpreting documents that might appear straightforward to someone unfamiliar with hospitality management.
A staffing plan is one example. It identifies who was assigned to work. Understanding whether those assignments provided adequate supervision is dependent on knowing the property’s service model and operating conditions.
The ability to clearly state the issue is the initial step to a more convincing argument
Early expert review assists attorneys differentiate between unresolved and documented issues. It will help identify documents that merit requesting as well as define the operational terms used in depositions.
Every discrepancy is not an operational issue and not every document proves that the appropriate procedures were followed.
A professional analysis of hospitality is valuable when it explains the distinctions with relevant evidence and well-known practices. In the case of attorneys who are working on an investigation into hospitality, knowing the business prior to questioning its employees can result in a clearer, more accurate analysis of what actually transpired.