An incident report for hotels could be just one or two paragraphs. It is a record of the guest’s name, describes a disturbance that occurred, names the respondent employees, and records the time the management was informed.
For an attorney, that report could bring more questions than it addresses. Who was responsible for supervising the employees? Was surveillance footage preserved? Did the property follow prescribed procedures? There were earlier interactions that were not recorded in the report?
These are the reasons why litigation involving hospitality often calls for an examination of regular business records prior to when witness testimony begins.
Start by looking through the documents that were produced in normal operations
Businesses in the hospitality industry keep track of schedules, guest service, training, security and management. Although they weren’t created for litigation, they could help identify how a place operated in the event of a specific incident.
An expert witness in hospitality might review staffing plans and operating procedures as well as employee training files as well as security logs, and recordings from surveillance cameras to determine the duties that are assigned to each individual. For instance an established policy could have a manager respond to an employee who reports an intoxicated guest.
Investigating whether or not the manager was actually working, whether or not the report had been communicated and what response is evident from the evidence available is the objective. It is more important to examine the actual performance of the operation rather instead of assuming that the written instructions were followed or not followed.
The interpretation of restaurant records is different
Restaurant investigations are challenging because employees split their attention between the preparation of beverages, food service as well as customer demands and managing the dining area. An expert witness from the restaurant can discuss how these responsibilities influence the decisions that employees make during service.
Imagine a situation in which the customer ordered drinks at the bar before being transferred to an area at a table. The bar receipt could document the initial purchase, while the records of dining-room transactions indicate later purchases.
But, these records might not confirm what the tableserver was aware of about the previous service. Looking at all the data together including server assignments and transaction times, along with management notes and employee declarations will help clarify the process. One important point to remember is: evidence that alcohol was purchased is not automatically evidence that employees were aware of intoxication.
Casino Investigations Can Require Different Records
Casinos run beverage programs that differ significantly from conventional restaurant service. The availability of complimentary drinks cocktails, servers serving drinks on the gaming floor, and security personnel can provide additional information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. Traditional sales receipts could give an inaccurate account if drinks are offered for free.
In those instances the investigation could rely more heavily upon surveillance or employee reports, service records, and the property’s documented procedures. Experts must be aware of the limitations of evidence, instead of relying on incomplete records as evidence.
Save the evidence before it becomes unavailable
The preservation of documents that are sensitive is an issue for hospitality litigation. Surveillance systems may retain recordings for only a short time. The details about employee schedules and internal communications as well as incident documentation can be stored by different departments or by different systems. Attorneys need to identify relevant records earlier and take the appropriate steps in order to preserve these records.
The appropriate scope will depend on the nature of the claims. A restaurant complaint may require the bar’s and dining room’s records for instance, while a resort event could need documentation for the event, transportation arrangements, and security communications. You can determine relevant documents by performing a targeted review, without having to assume that all departments were involved.
Operational Experience Helps Explain the Paperwork
Preston Rideout is a hospitality veteran with over 20 years of experience. He has held roles in bartending, management and beverages operations in a variety of businesses. Rideout Hospitality Consulting was established in 2010 and has since provided guidance to hotels, restaurants and resort owners across the United States.
He has served as an expert witness in trials involving resorts, hotels, casinos as well as restaurants for the defense and plaintiffs. It’s useful to have some experience in hospitality management for interpreting documents that appear simple to those who aren’t familiar with the business.
Staffing schedules, like you can identify the person who was assigned to work. Knowing the model of service as well as the operational environment of a building is vital to determine if the assignments are supervised in a proper manner.
Clarity in questions is the initial step to stronger arguments
An early expert review helps attorneys differentiate documents from unresolved issues. It helps identify documents that merit requesting as well as define the terms that is used in depositions.
It is not required to demonstrate that a written policy was followed in the event of discrepancies.
A professional analysis of hospitality is useful in demonstrating these distinctions using relevant evidence and practices that are widely accepted by the industry. If lawyers are preparing the case for a hospitality client, understanding the business prior to questioning its employees can lead to clearer, more accurate review of the actual events.