The incident report for a hotel may comprise only a few sentences. The report lists guests who were involved, outlines the disturbance, names the staff who responded and also records when the management was informed.
This report could raise more questions for attorneys than it will be able to answer. Who was the supervisor of the employees who were involved in this matter? Was surveillance footage preserved? The property followed its own procedures. There were earlier interactions that were not recorded in the reports?
These issues illustrate why litigation involving hospitality often requires an examination of ordinary business records before witness testimony begins.
Begin with the documents that were created in normal operation
The hospitality industry produces records for training, scheduling and guest service, security, and management. Although these records weren’t created to be used in court They are helpful for documenting how a facility performed during a specific incident.
A professional witness in hospitality might review staffing plans and operating procedures, as well as employee training files or logs of security and surveillance camera recordings to determine the responsibilities that are given to each employee. For instance an established policy could require a manager to respond when an employee has a complaint about an intoxicated guest.
Investigating the incident should determine whether the manager was in charge and if a report was issued, and according to the evidence, what the manager’s response was. It is far more crucial to look at actual actions as opposed to assuming that written instructions were adhered to or not observed.
Restaurant records require their own Interpretation
The employees are split between the catering, beverage prep as well as customer service and dining room management. This creates a challenge for investigation into restaurant operations. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine an incident in a dining room, involving the patron who bought drinks at the bar prior moving to the table. The bar receipt will record the order at first, while the dining room records will document the orders that were later placed.
However, the records may not provide a clear picture of what the server at the table knew about the earlier service. Combining the server assignments, transaction time, management notes and employee communications will help to clarify the order. One important point to remember is: the evidence of alcohol consumption is not automatically evidence that the staff member was intoxicated.
Casino Investigations may require different documents
Casinos have beverage programs that differ from those provided by restaurants. The availability of complimentary drinks, cocktail servers at the casino floor and security personnel are all sources of additional information.
An expert witness from a casino can analyze beverage staffing and security footage, and surveillance videos. They may also review processes for employee communication. If the beverages are offered as a complimentary service the traditional receipts for sales can be inadequate.
In such a case the investigation could depend on surveillance evidence, observations of employees and service records, in addition to the procedures documented by the building. Experts should be aware of the limitations of evidence, rather than relying on insufficient data as proof.
You should keep the evidence up to the point that it’s no longer accessible
Preserving time-sensitive documents is a significant concern when it comes to litigation involving hospitality. Certain surveillance systems can only store the records for a set amount of time. Different departments or systems may keep employee schedules, internal communication and incidental records. Attorneys must identify any relevant documents early and take the necessary steps to secure the records.
The necessary scope depends on the nature of the claims. Restaurant claims may need documents for the dining room and bar as well as a resort incident could require documentation of the event as well as transportation arrangements and security communications. Specific reviews can help determine the records that are crucial without assuming that every department was involved.
The Paperwork is a Result of the Operational Experience
Preston Rideout is a hospitality veteran with more than twenty years of experience. He has held various positions in bartending, management and beverages operations in a variety of units. Through Rideout Hospitality Consulting, established in 2010, he has consulted the hotel, restaurant and resort owners in the United States and internationally.
His expert witness work involves matters involving hotels, restaurants resorts, casinos, and resorts for defense and plaintiff counsel. This operational background can be helpful in the interpretation of records that appear simple to someone unfamiliar with hospitality management.
Staffing schedules, for example determine who was assigned to work. To determine if the assignments were proper, you need to know the structure of the facility and its operational conditions.
A stronger case starts with Clarer Questions
An early expert review can help attorneys differentiate between unresolved and documented problems. It can identify records that are worth requesting and clarify the operational terminology that is used in depositions.
Each discrepancy does not indicate an operational flaw and not every document proves that the appropriate procedures were observed.
Expert analysis in hospitality is useful when it explains the differences using evidence and industry-recognized practices. If lawyers are preparing an investigation into hospitality, knowing the operations prior to questioning employees can lead to a clearer, more accurate investigation of what actually happened.
