A hotel incident report might consist of a few sentences. The report identifies the guest, describes a disturbance, names the responding employees and records the date the management was informed.
An attorney’s report could be more complicated than it addresses. Who was the person in charge of the employees in this matter? Was surveillance footage preserved? Did the facility follow its policies? There were earlier interactions which were not reflected in the report?
These questions illustrate why it is important to review business records of every day use prior to testimony of witnesses in hospitality litigation.
Start with the documents created in Normal Operation
Companies in the hospitality sector maintain records of scheduling, guest service along with security and management. Although these records weren’t created for use in litigation, they are useful for understanding how a business 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 an established policy could oblige a manager to take action when an employee reports an intoxicated guest.
Investigating whether or not the manager actually worked and whether or not the report was communicated, and the reaction documented by the available evidence should be the primary objective. Instead of assuming that procedures were followed or ignored, the goal is to evaluate how actual operations were actually carried out.
Restaurant Records Must Have Their Own Interpretation
Restaurant investigations can be difficult due to the fact that employees have to divide their time between cooking food in the kitchen, serving customers and managing the dining space. An expert witness from the restaurant can discuss how these responsibilities influence the decisions that employees make during service.
Imagine a dining room incident that involved the customer who purchased alcohol at the bar before taking a seat at a table. The bar receipt can confirm the initial order and the records from the dining room will record the orders that were later placed.
However, these records might not be able to determine what the table server knew about the previous service. By examining all of the data such as servers assigned and transaction times and management notes and employee declarations will help clarify the order of events. The key difference is: the evidence of alcohol consumption isn’t necessarily proof that the staff member was intoxicated.
Casino Investigations may require different forms of documentation
Casino beverage programs are distinct from those at the typical restaurant. Other sources of information include free drinks as well as mobile cocktail servers, and gaming-floor supervisors.
A certified witness at a casino can review the assignment of staff to drink as well as surveillance footage, security reports and employee communication protocols. If beverages are offered as a complimentary service traditional sales receipts may be inadequate.
In these circumstances an investigation can depend on surveillance evidence, observations of employees and service records, as well as the procedures documented by the premises. Experts must be aware of the weaknesses of evidence rather than accepting incomplete records as evidence.
Save the evidence until it’s no more available
Conserving documents with time-sensitive information is a major concern in litigation which involves hospitality. Surveillance systems might keep records for a limited time. Employee schedules, internal communications, and incident documentation may be archivalized in different departments or systems. Attorneys need to identify relevant records earlier and take the appropriate steps in order to safeguard the records.
The necessary scope depends on the facts. The extent of the investigation will be contingent on the allegations. Targeted reviews help identify which documents are necessary and not assume that every department is involved.
The Paperwork is a result of Operational Experience
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held roles in management, bartending, and beverage operations for several units. Rideout Hospitality Consulting was established in 2010 and has been providing guidance to hotels, restaurants and resort operators throughout the United States.
His expert witness work involves matters involving restaurants, hotels, resorts, and casinos for defense and plaintiff counsel. It’s useful to have a background in hospitality management for interpreting documents that look simple to those who are not familiar with the business.
A staffing plan, for example identifies the people who were designated to work. The service model and operational conditions of a property is vital to determine if the assignments are supervised in a proper manner.
A Stronger Case Begins With Simpler Questions
An early expert review will assist attorneys in separating the facts that are documented and those that remain unanswered. It could help identify which documents merit requesting or clarifying the terminology that is used in depositions.
It is not necessary to demonstrate that a written policy was followed when there are contradictions.
The importance of expert analysis lies in explaining those distinctions through relevant evidence and established industry practices. For attorneys preparing a hospitality case, understanding the company prior to questioning its employees can result in a more specific, convincing examination of what actually occurred.
