A report of an incident at a hotel might only be one or two paragraphs. It contains the name of the guest, a description of the issue as well as the names of the personnel who attended to the incident.
The report is likely to raise more questions for an attorney than it will be able to provide an answer. Who was the manager of the employees that were implicated in this incident? Was surveillance footage preserved? Did the facility follow its policies? Did previous interactions occur that were not recorded in the report?
These issues illustrate why litigation involving hospitality often demands an examination of normal business records prior to when witness testimony commences.
Begin With the Documents Produced during normal operations
Hospitality businesses generate records to schedule, train, guest service, security, and management. They are not intended for litigation however they could be used to document how the hotel operated in an incident.
An expert witness in the field of hospitality could review the staffing schedules and operating procedures, as also employee training records, logs of security, and recordings from surveillance cameras to determine the roles that are assigned to each person. As an example, an official policy might state that the manager must react when an employee is notified of an intoxicated client.
Investigating whether or if the manager actually was working, whether or not the report was distributed and the response confirmed by the evidence is the objective. It is important to look at actual actions than to presume that written instructions were adhered to or not followed.
There is a need for an independent understanding of the restaurant’s record.
Restaurant investigations pose challenges since employees have to divide their time between food service, beverage preparation, customer requests, and the management of the dining room. A restaurant expert witness is able to describe the effect of these roles on the choices made by employees during service.
Imagine that the customer ordered drinks at the bar, and later moved to a table. The bar receipt could document the initial purchase, while the records of dining-room transactions indicate later purchases.
But, these records may not provide a clear picture of what the table server knew about the earlier service. Combining server assignments, transaction time, management notes, and employee declarations can clarify the sequence. The key difference is: the evidence of alcohol consumption isn’t necessarily proof that employees were aware of intoxication.
Casino Investigations may require different forms of documentation
Casinos have beverage programs that are different than the ones that are offered by restaurants. The additional drinks that are complimentary cocktails, servers serving drinks on the gaming floor, and security personnel can provide additional information.
A Casino expert witness could review beverage staffing assignments, security reports, surveillance footage and the procedures that govern employee communication. Traditional sales receipts can give an inaccurate account if drinks are provided for free.
In these situations an investigation can be heavily based on the surveillance, employee observation and service records as well as the procedures that are documented for the property. The expert also needs to recognize any weaknesses in the evidence, rather than treating an incomplete document as evidence of a particular event.
Save the evidence before it’s no longer available
Preserving time-sensitive documents is an important concern when it comes to lawsuits involving hospitality. Surveillance systems can keep records for a limited time. Different systems or departments may save employee schedules, internal communications, and incident documents. Attorneys should identify potentially relevant records in the early stages and take the appropriate steps to preserve the records.
The scope of the necessary investigation is contingent upon the facts. For instance, a restaurant may need restaurant and bar records. A resort incident may require event documentation, travel arrangements, or security messages. A targeted review can identify what records are essential without presuming that every department is involved.
The Paperwork is a Product of Operating Experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a company he founded in the year 2010. He has provided advice to the resort, restaurant and hotel operators across the United States.
Expert witness testimony for both plaintiffs as well as defendants has involved matters that involved resorts, casinos or restaurants, as well as hotels. The operational background can be useful in the interpretation of records that appear simple to someone unfamiliar with the management of hospitality.
Staffing schedules, such as to identify who has been assigned to work. To determine if those assignments were under appropriate supervision requires knowledge of the model of service for the property and operating conditions.
Clearness in your questions is the first step to a more convincing argument
An early review by an expert can help lawyers distinguish between documented facts and unresolved questions. It could help identify which documents are worth seeking or clarifying the terms used to describe depositions.
The reason for discrepancies is not always because of an operational failure. Also, not every policy that proves that the correct procedures were implemented.
It is the significance of an expert’s assessment that shows the distinctions made by utilizing established industry practices and relevant evidence. Attorneys preparing for a hospitality lawsuit can benefit from understanding the company and its employees prior to examining them. This allows for a more focused investigation of what happened.