A report of an incident at a hotel might only be several paragraphs. It will include the name of the guest, a description of the incident and the names of the staff members who responded.
An attorney’s report could cause more questions than it can answer. Who was responsible for supervising the workers who were involved? Was surveillance footage preserved? Did the facility follow the rules? Do you know of any prior interactions that weren’t recorded?
These questions illustrate why it is important to look over business records prior to testimony of witnesses in litigation involving hospitality.
Start by reviewing the documents that were created during normal operation
Documents are kept by hospitality businesses for scheduling staff training, guest services and security, as well as management and many more. Although these records were not intended to be used in court, they are useful for understanding how a business did during a particular 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 might oblige a manager to take action to an employee’s report of an intoxicated guest.
The investigation must determine if the manager was on duty, whether the report was shared, and the response was provided by the evidence. It is much more important to look at actual actions than to assume that written instructions were followed or ignored.
There is a need for an independent interpretation of the restaurant’s records.
Restaurant investigations are challenging because employees have to divide their time between food service, beverage preparation as well as customer demands and managing the dining area. A qualified witness in the restaurant industry will be able to clarify how the decisions of employees are affected by these responsibilities.
Think about an incident in the dining area that involved an individual who had purchased alcohol at the bar prior to moving to a seat. The bar receipt could document the initial purchase, and the transaction records for dining room transactions indicate later purchases.
However, these records may not prove the knowledge of the tableserver about the earlier service. Combining the server assignment the time of transactions, managerial notes, and employee records could help in determining the sequence. An important distinction remains: the evidence of alcohol consumption does not mean that staff recognized intoxication.
Casino Investigations May require different documents
Casino beverage programs are quite different from the ones of the traditional restaurant. Additional sources of information include complimentary drinks cocktails, mobile servers for drinks and gaming-floor supervisors.
A Casino expert witness may examine beverage staffing assignments, security footage, surveillance reports, and procedures governing employee communications. Traditional sales receipts can not provide a complete account when beverages are complimentary.
In this case the investigation could be based on surveillance, employee observation or service records as well as documented procedures. Experts must identify the limitations of evidence, rather than relying on insufficient data as evidence.
Be sure to save the evidence before it becomes unavailable
The preservation of documents that are sensitive is a significant issue for the litigation of hospitality. Recordings from surveillance systems can be kept for a limited duration. Different systems or departments may keep employee calendars, internal communications and incidental documents. Attorneys must locate and secure any relevant records as quickly as they are able.
The scope of the investigation depends on the nature of the allegations. A restaurant complaint may require the bar’s and dining room’s records and a resort-related incident could need documentation for the event along with transportation arrangements, and security communications. It is possible to locate relevant records through an examination that is targeted, without being able to conclude that every department was involved.
Understanding the paperwork is easier when you have operational experience
Preston Rideout, a hospitality professional since 1996, has experience in nightclub management and bartending in addition to multi-unit drink operations. Through Rideout Hospitality Consulting, established in 2010, he has advised the hotel, restaurant and resort operators across the United States and internationally.
His work as an expert witness includes matters involving hotels, restaurants resorts, casinos, and resorts for defense and plaintiff counsel. This knowledge of operations is helpful in understanding records that might seem simple to someone who is not experienced in hospitality management.
A staffing plan is one example. It identifies who was assigned to work. To determine if these assignments were proper you should know what the service model is of the building and its operating conditions.
Clearness in your questions is the first step towards a more convincing argument
Early expert review can help attorneys distinguish documents from unresolved issues. It will help identify documents that merit requesting as well as define the operational terms used in depositions.
Some discrepancies are not indicative of an operational failure. Neither is every policy that proves the correct procedure was followed.
The value of expert analysis is to explain those distinctions through relevant evidence and recognized industry practices. Attorneys who are preparing for a hospitality lawsuit can benefit from a thorough understanding of the operations and their employees before conducting an interview with them. This will enable a more focused analysis of what transpired.