A hotel incident report may be a couple of paragraphs. It describes the guest, describes a disturbance that occurred, names the respondent employees and details the time the management was informed.
For an attorney, that report could bring more questions than it provides answers. Who was the supervisor of the employees who were involved in this incident? Was surveillance footage preserved? Was the property in compliance with its procedures? There were earlier interactions that were not recorded in the report?
These questions illustrate the need to study business records before an individual witness is called to testify in a case involving hospitality.
Start with the documents created during normal operations
Hotels and restaurants maintain records of scheduling, guest service, training, security and management. These documents were not necessarily created for court proceedings, but they can be used to establish the operation of the establishment during an incident.
An expert witness in Hospitality may look over staffing schedules, operating procedures, employee education documents, security logs and surveillance recordings to learn the duties assigned to different staff members. For instance the policy could say that the manager has to respond to an employee who reports an intoxicated client.
Investigating the incident should determine whether the manager was working on the incident, if the complaint was sent, and from the evidence what the reaction was. Instead of simply assuming that processes were observed or not, the goal is to evaluate how actual operations actually took place.
The way to interpret restaurant records is different
Restaurant investigations present challenges because employees are split between the preparation of beverages, food service, customer requests, and dining-room management. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a scenario in which the client purchased alcohol at the bar, and later moved to a table. The bar receipt could prove the initial purchase while the dining-room transaction records will show subsequent orders.
However, these records might not be able to determine what the table server was aware of about the previous service. Examining the server’s assignments, transactions times, management notes, and employee declarations together will help clarify the sequence. A distinction needs to be made that the fact that alcohol was sold does not necessarily suggest that employees are aware of intoxication.
Casino Investigations may require different documents
Casinos operate beverage programs that can differ substantially from the standard restaurant service. Other sources of information are complimentary drinks serving mobile cocktails, mobile cocktail servers as well as gaming floor supervisors.
A professional witness from a casino can review the assignment of staff to drink and surveillance footage and security reports as well as employee communication protocols. The typical sales receipt might not be accurate when complimentary drinks are involved.
In these circumstances, the investigation could rely more heavily on surveillance, employee observation or service records as well as documented procedures. The expert must also be able identify any limitations in the evidence and not simply accept a faulty report.
Keep the evidence in place until it is no longer available
The preservation of records that are time sensitive is an issue in hospitality litigation. The records from surveillance systems could be kept for a limited period of time. Information about employee schedules and internal communication and incident documents can be stored by different departments or even systems. Attorneys should identify potentially relevant records earlier and take the appropriate steps in order to preserve the records.
The scope of the investigation varies on the nature of the accusations. For instance the restaurant might require bar and dining room records. A resort incident might require event documentation such as travel arrangements or security communication. A specific review can help determine what records are important without assuming every department played some function.
The Paperwork is a Result of Operating Experience
Preston Rideout, a hospitality professional since 1996, has worked in bartending and nightclub management as well as multi-unit drinks operations. Through Rideout Hospitality Consulting, established in 2010 he has advised the hotel, restaurant and resort operators across the United States and internationally.
Expert witness work for him includes matters involving hotels, restaurants resorts, casinos, and restaurants for defense and plaintiff counsel. The operational background is beneficial when interpreting documents that might seem simple to someone who is unfamiliar with hospitality management.
Staffing schedules, such as you can identify the person who was given the task. The service model and the operational requirements of a facility is vital to determine if these assignments provide appropriate supervision.
Clearness in your questions is the initial step to stronger arguments
Early expert review can help attorneys distinguish documents from unresolved issues. It can help determine which records are worth requesting and define the operational terms employed in depositions.
Each discrepancy does not indicate an operational issue however, not every written policy shows that proper procedures were observed.
A professional analysis of hospitality is beneficial when it clarifies these distinctions based on relevant evidence and recognized practices. For attorneys preparing the case for a hospitality client, understanding the business prior to questioning its employees can lead to more specific, convincing review of the actual events.