A hotel incident report may consist of a few sentences. The report identifies the guest, describes a disturbance, names the responding employees and details the time the management was informed.
The investigation could bring up multiple issues for an attorney. Who was responsible for supervising the workers that were involved? Was surveillance footage preserved? Was the property following its rules? Are there any interactions that occurred prior to the property that were not disclosed?
These questions demonstrate the need to look over business records prior an individual witness is called to testify in a hospitality lawsuit.
Start by looking through the documents created in normal business operations.
Hotels create documents for training, scheduling guests service, scheduling, and administration. Although they weren’t designed to be used in litigation, they can help determine the way a property operated during a particular incident.
A professional witness in hospitality might review staffing plans and operating procedures as along with employee training documents as well as security logs, and surveillance camera recordings to determine the responsibilities that are assigned to each employee. For example an established policy could oblige a manager to take action when an employee reports an intoxicated guest.
Examining whether or not the manager was actually working and whether or not the report was properly communicated and the responses confirmed by the evidence should be the goal. The goal is to evaluate actual operations rather than assume that the written procedure was implemented or not.
Restaurant Records Need Their Own Interpretation
Restaurant investigations present challenges because employees have to divide their time between food service, beverage preparation as well as customer demands and managing the dining area. An expert witness from a restaurant can discuss the effects of these responsibilities on decisions taken by employees in service.
Imagine an incident in the dining area that involved a patron who purchased alcohol at the bar prior to moving to the table. The bar receipt might document the initial purchase, whereas the transactions in the dining room could document subsequent orders.
But, these records might not be able to prove the information that the tableserver had about the prior service. Examining all the information together such as server assignments and transaction times together with the management’s notes and employee statements will help clarify the process. A key distinction is that evidence that alcohol was purchased does not mean that employees were aware of intoxication.
Casino Investigations can require different forms of documentation
Casino beverage plans can be distinct from those at a typical restaurant. Other sources of information include complimentary drinks as well as mobile cocktail servers, and gaming-floor supervisors.
A professional witness from a casino could examine the assignments for staffing of beverages and surveillance footage, security reports and employee communication procedures. If the beverages are offered as a complimentary service the receipts from sales traditionally are insufficient.
In such a case, the investigation could rely more heavily on surveillance, employee observation, service records and documented procedures. Experts must recognize the weaknesses of evidence rather than relying on insufficient data as proof.
You should keep the evidence up to the point that it’s no longer available
The preservation of documents that are time sensitive is a crucial consideration in the context of litigation related to hospitality. Surveillance systems can keep records for limited periods. The details about employee schedules, internal communications and other information as well as incident documentation are stored by different departments or even systems. Attorneys must locate and secure documents that could be relevant as quickly as possible.
The necessary scope depends on the accusations. Restaurant claims may need documents for the dining room and bar and a resort-related incident could need documentation for the event as well as transportation arrangements and security communications. Specific reviews can help determine which documents are necessary without assuming that every department is involved.
The Paperwork is a Product of operational experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a company that he established in the year the year 2010. He has provided advice to the resort, restaurant, and hotel operators throughout the United States.
His expert witness work includes matters involving hotels, restaurants resorts, casinos, and resorts for both defense and plaintiff lawyers. That operational background is useful in the interpretation of records that appear simple to someone unfamiliar with hospitality management.
Staffing plans, for instance determine who was assigned to work. To determine if those assignments were under adequate supervision is dependent on knowing the service model of the facility and its operational conditions.
To make a more convincing case Ask more pertinent questions
An early expert review can help attorneys differentiate between unresolved and documented problems. It can help determine which records merit requesting as well as define the operational terms used in depositions.
It is not required to show that a written policy was followed if there are differences.
An expert analysis of hospitality is helpful when it explains the differences using evidence and industry-recognized practices. Knowing the process prior to conducting an investigation into employees in a hotel matter can help lawyers prepare an argument that is more precise and reliable examination.