A hotel incident report might consist of a few sentences. The report will contain the name of the guest, the description of the issue as well as the names of the staff members who responded.
An attorney’s report can cause more questions than it answers. Who was in charge of supervising these employees? Was surveillance footage preserved? The property followed its own procedures. Were there earlier interactions that were not recorded in the report?
These are the reasons the reason why hospitality litigation typically requires an examination of ordinary documents of business before witness testimony commences.
Start with the documents created during normal operations
Companies in the hospitality sector keep records of scheduling, guest service, training, security and management. Although these records weren’t created for use in litigation but they can be helpful in establishing how a property was able to perform during an incident.
A Hospitality expert witness may study staffing plans, operating procedures, employee training documents, security logs and recordings of surveillance to determine the roles assigned to various personnel. Written policies may demand managers to address an employee who reports an intoxicated customer.
Investigating whether or not the manager was actually working on the report, whether or no report was communicated, and the response evident from the evidence available should be the primary objective. It is much more important to evaluate the actual operation than to assume that written instructions were adhered to or not observed.
Restaurant Records Need Their Own Interpretation
Restaurant investigations pose challenges since employees are split between the preparation of beverages, food service the customer’s requests and the management of the dining room. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine a situation in which the client purchased alcohol at the bar, and later transferred to tables. The bar receipt could document the initial order, while dining-room records will show the more recent orders.
However, these records might not be able to determine what the server at the table knew about the earlier service. Examining the server assignments, transaction times, management notes, and employee communications together could assist in determining the order. An important distinction remains: evidence that alcohol was purchased isn’t necessarily proof that the employee was aware of their intoxication.
Casino Investigations may require different documents
Casino beverage programs can be significantly different from those offered by a traditional restaurant. The inclusion of complimentary drinks, cocktail servers on the gaming floor, and security personnel can provide additional information.
A casino expert witness can look into beverage staffing, surveillance footage and security reports. They may also review the procedures for employee communications. The standard sales receipt may not be correct in the event of complimentary beverages.
In these situations the investigation may rely more heavily on surveillance, employee observation as well as service records and documented procedures. The expert should be able recognize any flaws in the evidence, and not accept a partial record.
Be sure to save the evidence before it’s unavailable
One practical concern in litigation involving hospitality is the preservation of time sensitive records. Surveillance systems might keep records for short periods. Schedules of employees, internal communications and incident documents may be archivalized in different departments or in different systems. Attorneys must identify pertinent records and take the necessary measures early.
The necessary scope depends on the allegations. A restaurant complaint may require documents for the dining room and bar, while a resort incident could involve event documentation, transportation arrangements, and security communications. You can determine relevant documents by performing an investigation that is specific, not being able to conclude that all departments were involved.
Operational Experience helps explain the Paperwork
Preston Rideout, a hospitality professional since 1996, has worked in the management of nightclubs and bartending as well as multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010, he has advised the hotel, restaurant and resort operators throughout the United States and internationally.
Expert witness testimony on behalf of plaintiffs and defendants has included matters that involved resorts, casinos or restaurants, as well as hotels. This background in operations can be beneficial in the interpretation of records that could seem easy to a person who isn’t familiar with hospitality management.
A staffing plan can, for example, identify the individuals who were assigned to work. Knowing if the assignments offered sufficient supervision requires an understanding of the model of service for the property and operational conditions.
To make a more convincing case to build a stronger case, ask more questions
Early expert review helps attorneys distinguish between documented and unresolved issues. It can help determine which records are worthy of requesting and help clarify the terminology employed in depositions.
It is not necessary to show that a written policy was adhered to if there are discrepancies.
The benefit of expert analysis lies in explaining the distinctions with relevant evidence and accepted industry practices. Understanding the business before conducting an investigation into employees in a hotel case can help attorneys prepare the case for a more precise and credible investigation.