A hotel incident report might comprise only a few paragraphs. It will include the name of the guest, the description of the incident as well as the names of the people who were involved in the incident.
As an attorney, that report may bring more questions than it can answer. Who was responsible for supervising the employees? Was surveillance footage preserved? The property adhered to its own rules. Are there any earlier interactions that were not disclosed?
These questions highlight why it is crucial to review business records of every day use prior to testimony of witnesses in hospitality litigation.
Start with the documents created in Normal Operation
The records are maintained by hospitality businesses to plan, staff training, guest services and security management and many more. Although these records were not intended to be used in litigation, they are useful for establishing how a property 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. For instance the policy could state that the manager must respond if an employee informs them of an intoxicated client.
Investigating whether or if the manager actually was working in the workplace, whether or not the report was distributed and what response is documented by the available evidence should be the primary objective. The objective is to assess actual actions rather than to assume that written guidelines were adhered to or not followed.
The interpretation of restaurant records may be different
The employees are divided between the food service, beverage preparation, customer requests and dining-room management. This is a major challenge for restaurant investigations. An expert witness from the restaurant can explain how these responsibilities impact the choices that employees make during service.
Think about an incident in the dining room involving someone who bought drinks at the bar prior to taking the table. The bar receipt may document the first purchase while the restaurant transaction records might document subsequent orders.
However, these documents may not prove the knowledge of the tableserver about the previous service. Reexamining the server assignments, transaction times, management notes, and employee communications together could help clarify the sequence. A distinction must be made that the fact that alcohol was sold doesn’t automatically suggest that employees are aware of intoxication.
Casino Investigations may require different documents
Casino beverage plans can be quite different from the ones of a traditional restaurant. The additional drinks that are complimentary and cocktail servers at the casino floor and security personnel can provide additional information.
A certified witness from a casino can look over the staffing assignments for beverages and surveillance footage including security reports, employees’ communication methods. The traditional sales receipt may not be accurate when complimentary beverages are involved.
In those instances the investigation will rely on surveillance data or employee reports, service documents, and the procedure for the property’s documentation. The expert needs to also recognize weaknesses in the evidence, rather than treating an incomplete record as proof of an event.
Keep the Evidence in place before it Does Not Remain Available
The preservation of documents that are time sensitive is an important concern in the context of litigation involving hospitality. Recordings from surveillance systems can be stored for a short period of time. Information regarding employee schedules and internal communications as well as incident records are stored by different departments or systems. Attorneys should be able to locate relevant records and take the necessary steps early.
The appropriate scope will depend on the nature of the claims. A restaurant case may require documentation for dining and bar areas and a resort-related incident could involve event documentation, transportation arrangements, and security communications. It is possible to locate relevant records by conducting an examination that is targeted, without needing to presume that every department was involved.
The Paperwork is a Product of Operational Experience
Preston Rideout has worked in hospitality since 1996. He has prior experience in bartending, nightclub management, as well as multi-unit beverage operations. Rideout Hospitality Consulting is a company he founded in 2010. He has advised restaurants, resorts and hotel owners across the United States.
Expert witness testimony for both plaintiffs and defendants has covered issues related to resorts, casinos and restaurants as well as hotels. This operational background can be useful in interpreting records which may seem straightforward to someone who is unfamiliar with hospitality management.
Staffing plans, for instance, identify who has been assigned to work. Knowing the model of service as well as operational conditions of a property is vital to determine if the assignments are supervised in a proper manner.
To create a stronger argument and build a stronger case, you must ask better questions.
An early review by an expert can aid attorneys in distinguishing between documented facts and unresolved questions. It may identify additional records worth requesting, clarify the terms used in depositions and establish which employee decisions require a closer look.
It is not required to demonstrate that a written policy was followed if there are differences.
It is the value of an expert’s assessment that shows the distinctions made by utilizing established industry practices and relevant evidence. Understanding the operation prior to questioning employees in a hospitality case can assist attorneys in preparing a case with a an unbiased and trustworthy examination.