A hotel incident report may consist of a few sentences. It identifies the guest and describes the disturbance, names the responding employees and records the date the management was informed.
This report may bring up more questions for attorneys than it could answer. Who was the person who was supervising employees who were involved? Was surveillance footage preserved? Did the property follow established procedures? Are there any interactions that occurred prior to the property which were not disclosed?
These questions demonstrate why it is often necessary to examine business records before witnesses testify in a case involving hospitality.
Begin with the Documents that were created during normal operations
The hospitality industry produces records to schedule, train guests service, scheduling and administration. Even though the documents weren’t created to be used in litigation but they can be helpful in the purpose of determining how a place did during a particular incident.
An expert witness in Hospitality may examine staffing schedules, operational procedures, education documents, security logs and surveillance recordings to understand the duties assigned to different personnel. A written policy may require managers to address the employee who complains about an intoxicated customer.
The investigation should determine if the manager was actually working on the report, if it was shared, and the response the evidence reveals. The goal is to analyze the actual operation rather than assuming that written guidelines were implemented or not.
The interpretation of restaurant records is different
Investigations in restaurants are difficult because employees must divide their time between cooking food serving customers, as well as managing the dining area. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Consider an incident in a dining room, involving a patron who purchased drinks at the bar prior to taking an area to sit. The bar receipt will record the order at first, while the dining room records will document the subsequent orders.
However, those records might not provide a clear picture of what the table server was aware of about the earlier service. Looking at all the data together, such as the server’s assignments and times of transactions as well as management notes and employee statements could help in determining the sequence. A key distinction is that evidence that alcohol was purchased isn’t necessarily proof that the staff member was intoxicated.
Casino Investigations May Require Different Records
Casinos operate beverage programs that can differ substantially from standard restaurant service. Additional sources of information include free drinks cocktails, mobile servers for drinks and gaming-floor supervisors.
A professional witness from a casino may look over the staffing assignments for beverages and surveillance footage including security reports, employee communications procedures. The conventional sales receipt may not be true when complimentary beverages are involved.
In these circumstances the investigation could rely heavily on the surveillance, employee observation and service records, as well as the documented procedures of the premises. Experts must be aware of the limitations of evidence, instead of accepting insufficient records as evidence.
Be sure to save the evidence before it’s unavailable
The preservation of documents that are time sensitive is a significant concern when it comes to litigation which involves hospitality. Records from surveillance systems may be retained for a brief time. Schedules of employees, internal communications, and incident documentation may be kept in various systems or departments. Attorneys should identify and save potentially relevant records as soon as possible.
The appropriate scope will depend on the allegations. For instance the restaurant might require restaurant and bar records. A resort incident may require event documentation such as travel arrangements or security messages. You can locate relevant records through an in-depth review without being required to assume that every department was involved.
The Paperwork is a Product of Operating Experience
Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held various positions in management, bartending, as well as beverage operations for several units. Through Rideout Hospitality Consulting, established in 2010, he has advised hotels, restaurants, and resort operators throughout the United States and internationally.
His work as an expert witness includes issues involving hotels, restaurants, resorts, and casinos for defense and plaintiff counsel. His operational knowledge is helpful when interpreting records that may appear straightforward to someone unfamiliar with hospitality management.
A staffing schedule, for instance, identifies the employees given the task. Understanding the model of service and operational conditions of a property is vital to determine if these assignments offer adequate supervision.
Clearness in your questions is the first step in a stronger argument
A quick review by an expert can assist attorneys in separating documents from unresolved issues. It can help identify other records to request, define the terms used in depositions and establish which employee decisions require closer examination.
The reason for discrepancies is not always because of a malfunction. There isn’t a single policy that proves the correct procedures were observed.
The importance of expert analysis is in demonstrating these distinctions using relevant evidence and established industry practices. Understanding the operation prior to interviewing employees in a case can help attorneys prepare the case for a more precise and credible investigation.