A hotel incident report might contain only a few paragraphs. It includes the name of the guest, the description of the issue as well as the names of the personnel who attended to the incident.
This report may raise more questions for an attorney than it is able to provide an answer. Who was the manager of the employees that were implicated in this matter? Was surveillance footage preserved? Did the facility follow the rules? Did the property have previous interactions that weren’t recorded in the report.
These are the reasons why hospitality litigation often calls for an examination of regular documents of business before witness testimony commences.
Start With the Documents Created in Normal Operation
Companies in the hospitality sector keep records of scheduling, guest service along with security and management. These documents were not necessarily intended for litigation however they may be used to document how the hotel operated in an incident.
A Hospitality expert witness may look over staffing schedules, operating procedures, employee training documents, security logs and recordings of surveillance to determine the duties assigned to different personnel. For example A written policy could call for a supervisor to act when an employee has a complaint about an intoxicated guest.
Investigating whether or not the manager was actually working, whether or not the report had been communicated and the reaction supported by evidence is the main objective. Instead of concluding that the procedures were observed or not It is more important to find out what actually took place.
There is the need for a different interpretation of the restaurant’s records.
Restaurant investigations are challenging since employees must split their time between food preparation in the kitchen, serving customers and managing the dining space. An expert witness from a restaurant can explain the impact of these roles on the choices made by employees during service.
Imagine that the client purchased alcohol at the bar before being transferred to an area at a table. The bar receipt may document the initial purchase, while the records of dining-room transactions will show subsequent orders.
But, these records might not prove the information that the tableserver had about the earlier service. The combination of server assignments the time of transactions, managerial notes, and employee records will help to clarify the order. One important point to remember is: the fact that alcohol was bought isn’t necessarily proof that staff recognized intoxication.
Casino Investigations may require different records
Casinos run beverage programs that differ significantly from the standard restaurant service. Drinks are free, there are mobile cocktail servers, gaming-floor supervisors, and extensive security operations provide additional sources of data.
A casino expert witness can examine beverage staffing, security footage and surveillance. They may also review procedures for employee communication. Traditional sales receipts could provide an incomplete account when beverages are complimentary.
In such a case the investigation may rely more on surveillance, employee observation service records, and other documented procedures. The expert should also be able identify any weaknesses in the evidence and not be content with an insufficient report.
Make sure you keep the evidence until it’s no longer available
One of the main concerns in litigation involving hospitality is the preservation of time sensitive documents. Surveillance systems might keep records for only a short time. Different departments or systems can store employee schedules, internal communications and incidental documents. Attorneys need to identify relevant records early and take the necessary steps to safeguard them.
The extent of the investigation is contingent on the nature of the accusations. The extent of the investigation will depend on the allegations. The targeted reviews will help you determine which records are important and not assume that every department was involved.
Making sense of paperwork is much easier with experience from the operational side.
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a business he started in the year 2010. He has advised on resort, restaurant and hotel operators across the United States.
He has been an expert witness in cases involving resorts, hotels, casinos and restaurants for both the defense and plaintiffs. This operational background can be beneficial when interpreting documents that may seem straightforward to someone who is unfamiliar with hospitality management.
A staffing schedule will, for instance, identify the people who were designated to work. Knowing the service model and the operational environment of a building is crucial to establish if these assignments will provide the appropriate supervision.
To build a stronger case to build a stronger case, ask more questions
Early expert review helps attorneys differentiate between unresolved and documented problems. It will help identify documents that are worthy of requesting and help define the terms employed in depositions.
Each discrepancy does not indicate an operational flaw or a lack of written policy demonstrates that the proper procedures were followed.
A professional analysis of hospitality is valuable when it clarifies these distinctions based on relevant evidence and well-known practices. Attorneys preparing for a hospitality lawsuit could benefit from understanding the business and its staff prior to examining them. This will enable an unbiased examination of what happened.