The hotel incident reports may comprise only a few sentences. The report identifies the guests, describes the disturbance, names the personnel who responded, and records the time the management was informed.
This report may bring up more questions for attorneys than it is able to provide an answer. Who was responsible for supervising the workers who were involved? Was surveillance footage preserved? The facility had its own procedure. Did previous interactions occur that were not recorded in the reports?
This is the need to review business records prior to when a witness testifies in a lawsuit involving hospitality.
Begin with the documents that are created during normal operations
Records are kept by hospitality firms to record scheduling guest services, training for staff, security, management, and many more. Even though these documents weren’t designed to be used in lawsuits, they can be used to determine the way a property operated during a particular incident.
A professional witness in hospitality may examine staffing schedules, and operating procedures, as well as employee training files and logs of security and recordings from surveillance cameras to determine the responsibilities that are assigned to each person. A written policy might require managers to address the employee who complains about an intoxicated customer.
The investigation must determine if the manager was on duty, whether the report was communicated, and what response the evidence reveals. The aim is to determine actual actions rather than to assume that the procedures written down were observed or not.
The interpretation of restaurant records is different
Investigations in restaurants are difficult because restaurant employees are required to split their time between cooking food and serving customers as well as overseeing the dining room. An expert witness from a restaurant can discuss the effects of these roles on the choices taken by employees while they serve.
Imagine an incident in the dining area that involved a patron who purchased drinks at the bar prior moving to a seat. The bar receipt might be proof of the initial purchase, while the records of dining-room transactions record later purchases.
Those records may not reveal what the server was aware of about the previous service. Looking at all the data together, such as server assignments and time-of-transactions, along with management notes and employee statement will help clarify the order of events. A distinction must be made that the fact that alcohol was offered for sale does not indicate that employees have been able to detect intoxication.
Casino Investigations May Require Different Records
Casinos operate beverage programs which differ from the standard restaurant service. Drinks are free, there are mobile cocktail servers, gaming floor supervisors as well as extensive security operations are further sources of information.
A casino expert witness could examine beverage staffing, surveillance footage and security reports. They can also go over protocols for employee communication. Traditional sales receipts can give an inaccurate account if beverages are free.
In such a case an investigation can rely more on surveillance, employee observation, service records and documented procedures. The expert should also be able to identify any weaknesses in the evidence, rather than relying on an uncomplete record as proof of a specific event.
Save the Evidence Prior to It Becomes Unavailable
One practical concern in the hospitality litigation field is the preservation of time sensitive records. The records from surveillance systems could be retained for a brief duration. Information regarding employee schedules and internal communication as well as incident documentation may be kept by different departments or by different systems. Attorneys need to identify relevant documents and take appropriate actions early.
The appropriate scope will depend on the allegations. A restaurant claim may require documents for the dining room and bar, while a resort incident may require event documentation, transportation arrangements, and security communications. A specific audit helps determine the records that are pertinent without taking for granted that every department played a part.
Understanding the paperwork is easier when you have experience in the field.
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has since provided advice to restaurant, hotel and resort operators across the United States.
He has served as an expert witness in the case of hotels, casinos, resorts and restaurants, for both attorneys representing defense and plaintiffs. It is helpful to have a background in hospitality management in order to understand documents that look simple for those not familiar with the business.
A staffing plan For instance, it identifies who was assigned to work. Understanding whether those assignments provided sufficient supervision requires an understanding of the service model of the facility and its operating conditions.
A more convincing case begins with More lucid questions
Early expert review will help lawyers distinguish the documented facts from unresolved issues. The review can reveal additional records worth requesting, clarify what the legal terminology is for depositions and determine which employee actions need closer scrutiny.
Not every discrepancy demonstrates an operational failure or a lack of written policy proves that appropriate procedures were observed.
The benefit of expert analysis is to explain the distinctions with relevant evidence and accepted industry practices. For attorneys preparing the case for a hospitality client, understanding the operation before questioning its employees could lead to a more focused, credible examination of what actually occurred.