A report of an incident at a hotel might only be one or two paragraphs. It includes the name of the guest, a description of the incident, as well as the names of the personnel who attended to the incident.
The report may raise multiple questions for an attorney. Who was supervising the employees who were involved? Was surveillance footage preserved? The facility followed its own procedures. Do you know of any prior interactions that were not recorded?
These questions demonstrate why it is important to look over business records prior to witness testimony in litigation involving hospitality.
Begin by reviewing the documents created during normal operations.
The records are maintained by hospitality businesses for scheduling, guest services, training for staff and security, management and much more. Even though these documents weren’t created to be used in court, they are useful for documenting how a facility did during a particular incident.
A professional witness in hospitality could review the staffing schedules and operating procedures as also employee training records as well as security logs, and footage from surveillance cameras to determine what responsibilities are assigned to each employee. Written policies may demand that the manager take action to employees who report an intoxicated client.
The investigation must determine if the manager was in fact working and if the report was communicated, and what response was provided by the evidence. The aim is to determine the actual activities rather than inferring that the procedures written down were adhered to or not followed.
The interpretation of restaurant records is different
The employees are split into the food service, beverage prep, customer requests and dining-room management. This creates a challenge for restaurant investigations. A restaurant expert witness can explain how these responsibilities influence the choices employees take during service.
Think about an incident in the dining room that involves someone who bought drinks at the bar prior to taking a table. The bar receipt could document the purchase made at the bar, while restaurant transaction records might document subsequent orders.
The records could not provide what the server was aware of about the prior service. Combining the server assignments with the transaction times, management notes and employee statements will help to clarify the order. The key difference is: the evidence of alcohol consumption is not automatically evidence that the staff member was intoxicated.
Casino Investigations May Require Different Records
Casinos offer beverage services that can differ substantially from the standard restaurant service. Complimentary drinks, mobile cocktail servers, gaming-floor supervisors, and extensive security procedures create additional sources of data.
An expert witness from a casino can review beverage staffing assignments, surveillance footage, security reports as well as the rules governing employee communications. The typical sales receipt might not be accurate when complimentary beverages are being served.
In this case an investigation can rely more heavily on surveillance, employee observation as well as service records and documented procedures. The expert needs to also recognize limitations in the evidence rather than relying on an uncomplete record as proof of a particular event.
Keep the evidence until it’s no longer available
One practical concern in hospitality litigation is the protection of time sensitive records. Surveillance systems may retain recordings for short periods. Different departments or systems could keep employee calendars, internal communications, and incident documents. Attorneys must identify any relevant records early and take the appropriate steps in order to preserve these records.
It’s dependent on the nature of the claim. For instance, a restaurant may need the records of its dining room and bar. A resort incident may require event documentation as well as travel arrangements, or security communications. A focused review will help identify the records that are pertinent without taking for granted that every department played some role.
The Paperwork is a Result of the Operational Experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting was established in the year 2010 and has offered guidance to hotels, restaurants and resort operators across the United States.
His expert witness work involves matters involving hotels, restaurants, resorts, and casinos for both defense and plaintiff lawyers. It’s helpful to have some experience in hospitality management in order to understand documents that seem straightforward to those who are not familiar with the industry.
Staffing schedules, for example you can identify the person who was given the task. To determine if these assignments were appropriate you must know the service model of the facility as well as its operating conditions.
Clarity in the questions is the initial step to an argument that is stronger
An early expert review will help lawyers distinguish between documented facts and unresolved questions. It helps identify documents that merit requesting as well as define the terms employed in depositions.
Every discrepancy is not an operational error however, not every document proves that the appropriate procedures were observed.
An expert analysis of hospitality is useful in demonstrating the differences using evidence and well-known practices. Attorneys who are preparing for a hospitality lawsuit can benefit from a thorough understanding of the operations and their employees before interviewing them. This will enable an in-depth review of the events that occurred.
