The hotel incident report could be a short document with only a few words. The report identifies the guest as the source of the incident, describes the incident that occurred, names the respondent employees and details the time management was notified.
This report could raise more questions for attorneys than it could provide an answer. Who was supervising the employees who were involved? Was surveillance footage preserved? The facility was following its own policies. Was the property involved in earlier interactions that were not recorded in the report.
These questions illustrate why it’s important to look over business records prior to testimony of witnesses in litigation involving hospitality.
Start with the documents created during normal operations
Records are kept by hospitality companies for scheduling guest services, staff training and security management and many more. These records were not always created for court proceedings, but they could be used to prove how the hotel operated in 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. As an example the policy could stipulate that the manager should respond to an employee who notifies them of a drunk client.
The investigation should establish whether the manager was in charge on the incident, if the complaint was made, and from the evidence what the manager’s response was. The goal is to evaluate the actual activities rather than inferring that written procedures were either adhered to or not followed.
The interpretation of restaurant records may be different
Restaurant investigations can be challenging as employees have to divide their time between the preparation of beverages, food service as well as customer demands and dining-room management. An expert witness from the restaurant will explain how these duties affect the decisions employees make during service.
Imagine that a client ordered alcohol from the bar and was transferred to the table. The bar receipt may record the purchase at the beginning, while the dining-room transaction records will show subsequent orders.
However, the records may not be able to determine what the server at the table knew about the previous service. Combining the server assignment and transaction times, as well as management notes and employee statements can clarify the sequence. The key difference is: the fact that alcohol was bought is not automatically evidence that the staff member was intoxicated.
Casino Investigations may require different records
Casino beverage programs are quite different from the ones of the traditional restaurant. Additional sources of information include free drinks as well as mobile cocktail servers, and gaming-floor supervisors.
An expert witness from a casino can review the beverage staffing assignments as well as surveillance video, security reports and employee communication procedures. Traditional sales receipts may provide an incomplete account when beverages are free.
In these situations the investigation could depend on surveillance records, employee observations and service records, in addition to the procedures that are documented for the property. The expert should also be able to identify any weaknesses in the evidence, instead of relying on an insufficient document as evidence of an incident.
Preserve the Evidence Before It becomes unavailable
Documents that have to be saved for time is a major concern in the context of litigation involving hospitality. Surveillance systems could keep recordings for limited periods. Information regarding employee schedules and internal communication as well as incident records are stored by different departments or systems. Attorneys must identify pertinent records and take the appropriate steps in the early stages.
The scope of the investigation varies on the type of accusations. For instance, a restaurant may need the records of its dining room and bar. A resort incident might require documentation for an event such as travel arrangements or security messages. A targeted review can identify the records that are crucial without assuming that all departments are involved.
The Paperwork is a Product of Operational Experience
Preston Rideout, a hospitality professional since 1996, has extensive experience in nightclub management and bartending in addition to multi-unit drink operations. Rideout Hospitality Consulting was established in the year 2010 and has offered assistance to hotel, restaurant and resort owners across the United States.
He has served as an expert witness in the case of resorts, hotels, casinos and restaurants for plaintiffs’ and defense counsel. The operational background is beneficial in the interpretation of records that may seem straightforward to someone who isn’t familiar with hospitality management.
A staffing schedule can, for example, identify the employees given the task. The service model and operational conditions of a property is essential to know if these assignments offer adequate supervision.
To build a stronger case Ask more pertinent questions
Early expert review assists attorneys identify unresolved and documented issues. It helps identify documents that are worth requesting and clarify the operational terminology used in depositions.
Some discrepancies are not indicative of a malfunction. There isn’t a single policy that shows the proper procedures were implemented.
It is important to have an expert’s assessment that shows these distinctions using accepted industry practices and relevant evidence. Attorneys preparing for a hospitality lawsuit will benefit from knowing the operation and its employees prior to examining them. This will allow an unbiased review of the events that occurred.