A hotel incident report may comprise only a few paragraphs. It contains the name of the guest, a description of the incident and the names of the staff members who responded.
The report can raise multiple issues for an attorney. Who was accountable for supervising the employees? Was surveillance footage preserved? Did the property follow the rules? Did previous interactions occur which were not reflected in the reports?
These questions demonstrate the need to study the business records of everyday businesses prior to witness testimony in hospitality litigation.
Begin by reviewing the documents that were created during normal operation
Businesses in the hospitality industry keep records of guest service, scheduling guest service along with security and management. While these records weren’t designed to be used in litigation, they can help identify how a place operated in the event of a specific incident.
An expert witness in Hospitality may look over staffing schedules, operating procedures, employee training documents, security logs and surveillance recordings to learn the roles assigned to various staff members. For instance, an official policy might state that the manager must respond if an employee reports an intoxicated client.
The investigation should determine if the manager was in fact working, whether the report was shared, and the response was provided by the evidence. The goal is to evaluate actual operations rather than assume that the written procedure was followed or ignored.
There is a need for an independent interpretation of the restaurant’s records.
The employees are split among the catering, beverage prep, customer requests and dining-room management. This is a major challenge for investigation of restaurants. A professional witness in the restaurant industry can help demonstrate how decisions made by employees are influenced by their responsibilities.
Consider an incident in the dining area that involved a patron who purchased drinks at the bar prior to settling into an area to sit. The bar receipt may document the initial order, while the dining room records will document the orders that were later placed.
But, these records may not reveal the information that the table server had about the previous service. By examining all of the data including the server’s assignments and times of transactions as well as management notes and employee statements, can help to clarify the order of events. It is essential to keep a distinction: just because alcohol was bought does not mean that employees noticed that they were drunk.
Casino Investigations may require different records
Casino beverage programs can be quite different from the ones of the traditional restaurant. The additional drinks that are complimentary and cocktail servers on the gaming floor and security personnel are all sources of additional information.
A Casino expert witness can review the beverage staffing arrangements, security footage, surveillance reports as well as the rules governing employee communication. The standard sales receipt may not be accurate when complimentary drinks are involved.
In those instances the investigation could rely more heavily upon surveillance and employee observation, service documentation, and even the documenting procedures of the property. The expert also needs to recognize shortcomings in the evidence rather than relying on an uncomplete record as proof of an event.
You should keep the evidence up to the point that it’s no more available
One issue that can arise in hospitality litigation is the preservation of time-sensitive records. Surveillance systems may retain recordings for limited periods. Different departments or systems may keep employee schedules, internal communication and incidental records. Attorneys must locate and secure any relevant records as quickly as they can.
It’s dependent on what the claim is. For instance, a restaurant may need restaurant and bar records. A resort incident might require documentation for an event, travel arrangements, or security communication. A specific audit helps determine which records are relevant without having to assume that all departments played any function.
Understanding the paperwork is easier with operational experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010 he has advised hotels, restaurants, and resort operators across the United States and internationally.
His expert witness work includes matters involving hotels, restaurants resorts, casinos and hotels for plaintiff and defense counsel. The operational background is helpful in understanding records that could seem easy to a person who isn’t familiar with hospitality management.
A staffing plan can, for example, identify who was assigned to work. Understanding the model of service and operating conditions of the property is crucial to establish if these assignments provide appropriate supervision.
To create a stronger argument and build a stronger case, you must ask better questions.
Early expert review can help attorneys distinguish established facts from ambiguous issues. It may also help identify what documents are worth seeking or defining the terms that is used in depositions.
There are many instances of an operational issue, and not every written policy demonstrates that the proper procedures were adhered to.
The value of expert analysis is in demonstrating those distinctions through relevant evidence and accepted industry practices. Knowing the process prior to conducting an investigation into employees in a hotel situation can assist lawyers in preparing the case for a more focused and credible examination.