The hotel incident reports may just be a few paragraphs. The report will contain the name of the guest, a description of the issue as well as the names of the responding staff.
An attorney’s report could raise more questions than it addresses. Who was supervising the employees in question? Was surveillance footage preserved? Did the property adhere to its established guidelines? Are there any earlier interactions which were not disclosed?
This is why it is often necessary to look over business records prior witness testimony in a case involving hospitality.
Begin With the Documents Produced during normal operations
The records are maintained by hospitality businesses to plan, guest services, staff training and security, management and many more. Even though the documents were not intended for use in litigation however, they can be useful in establishing how a property was able to perform during an incident.
A hospitality expert witness will review the schedules of staffing along with operating procedures, employees’ training records, security logs and surveillance recordings to know what duties are given to whom. For example, a written policy might oblige a manager to take action when an employee has a complaint about an intoxicated guest.
The investigation should establish whether the manager was in fact working and if the report was shared, and the response the available evidence documents. It is much more important to evaluate the actual operation than to assume that the written instructions were followed or not observed.
Restaurant Records require 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 explain how these responsibilities affect the decisions employees make during service.
Take a look at an incident that occurred in a dining room, involving someone who bought drinks at the bar prior to taking an area to sit. The bar receipt could document the initial purchase, while dining room transaction records may document subsequent orders.
But, these records might not prove the knowledge of the tableserver about the earlier service. By examining all of the data including the server’s assignments and times of transactions, along with management notes and statements from employees could help in determining the sequence. There is a distinction to be made when it comes to alcohol: the fact that it was sold doesn’t automatically indicate that employees were aware of the presence of alcohol.
Casino Investigations May require different documents
Casinos offer drink packages that are different from those provided by restaurants. Other sources of information include complimentary drinks as well as mobile cocktail servers, and gaming-floor supervisors.
A Casino expert witness may review beverage staffing assignments, security footage, surveillance reports and employee communications. The conventional sales receipt may not be accurate when complimentary drinks are involved.
In those circumstances the investigation might rely more heavily on available surveillance, employee observations, service records, and the process of the property’s documents. Experts must recognize the weaknesses of evidence rather than accepting incomplete records as evidence.
Save the evidence before it’s unavailable
A major concern when it comes to hospitality litigation is the protection of time-sensitive records. Certain surveillance systems only preserve recordings for a certain period of time. Schedules of employees, internal communications and incident records may be kept in different systems or departments. Attorneys must identify pertinent documents and implement the appropriate measures early.
The scope of the investigation depends on the nature of the accusations. A restaurant complaint may require documents for the dining room and bar, while a resort incident could need documentation for the event along with transportation arrangements, and security communications. A specific audit helps determine which records are relevant without presuming that every department had some role.
The paperwork is the result of operational experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, as well as multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010, he has advised the hotel, restaurant and resort owners in the United States and internationally.
His expert witness work includes issues involving hotels, restaurants resorts, casinos and hotels for defense and plaintiff attorneys. This knowledge of operations is useful in interpreting records which might seem simple to someone who is unfamiliar with hospitality management.
A staffing plan, for instance, identifies the employees given the task. Being aware of whether the assignments provide adequate supervision is dependent on knowing the service model of the facility and its operating conditions.
To help build a stronger case and build a stronger case, you must ask better questions.
An early review by an expert can help attorneys to distinguish between evidence-based facts and questions that remain unanswered. It will help identify documents that should be requested and also define the operational terms used in depositions.
There are many reasons why discrepancies may not be indicative of a failure in operation. Not every policy that proves the correct procedures were observed.
The importance of expert analysis lies in explaining these distinctions using relevant evidence and recognized industry practices. Understanding the operation prior to asking employees to answer questions in a hospitality situation can assist lawyers in preparing cases that have a more focused and credible examination.