An incident report for hotels could be just short, perhaps a couple of paragraphs. The report lists the guests, describes the incident, identifies the employees who responded, and also records when the management was informed.
This report could raise more questions for attorneys than it will be able to be able to. Who was responsible for supervising the workers involved? Was surveillance footage preserved? Did the property follow its established procedures? Was the property involved in earlier interactions that were not recorded in the report.
These questions highlight why it is important to examine ordinary business records prior to testimony of witnesses in litigation involving hospitality.
Start by looking through the documents that were created during normal operation
Hospitality businesses generate records for training, scheduling and guest service, security and administration. While these records weren’t designed to be used in litigation, they can help determine the way a property operated during an incident.
A Hospitality expert witness may study staffing plans, operational procedures, training files, security logs, and recordings of surveillance to determine the responsibilities assigned to different employees. For example an established policy could oblige a manager to take action when an employee has a complaint about an drunken guest.
In the course of investigating the incident, it is important to determine if the manager worked on the incident, if the complaint was sent, and based on the evidence, what the reaction was. Instead of concluding that the procedures were not followed or not, the goal is to assess how the actual operation actually transpired.
Restaurant Records Must Have Their Own Interpretation
Restaurant investigations present challenges because employees have to divide their time between food service, beverage preparation customers’ requests, the management of the dining room. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.
Imagine an incident in the dining area that involved the patron who bought alcohol at the bar prior to taking a table. The bar receipt could document the initial order, and the records from the dining room will record the subsequent orders.
However, the records may not provide a clear picture of what the table server knew about the prior service. Examining the server assignments, transaction times notes of management and employee statements together can assist in determining the order. A distinction must be made The fact that alcohol was sold does not necessarily indicate that employees were aware of intoxication.
Casino Investigations might require other records
Casinos offer beverage services that are different from the ones that are offered by restaurants. The inclusion of complimentary drinks, cocktail servers on the gaming floor, and security personnel are all sources of additional information.
An expert witness from a casino can review the beverage staffing assignments and surveillance footage, security reports and employee communications procedures. The typical sales receipt might not be true when complimentary beverages are being served.
In those circumstances the investigation might rely on surveillance data, employee observations, service documentation, and even the procedure for the property’s documentation. Experts should be aware of the weaknesses of evidence instead of relying on incomplete records as proof.
Be sure to save the evidence before it’s no longer available
Preserving time-sensitive documents is an important concern when it comes to lawsuits that involves hospitality. The records from surveillance systems could be retained for a brief period of time. Employee schedules, internal communications, as well as incident-related documentation could be kept in various departments or in different systems. Attorneys must be aware of relevant documents and take appropriate actions early.
The appropriate scope will depend on the facts. A restaurant complaint may require documents for the dining room and bar and a resort-related incident could need documentation for the event transport arrangements, as well as security communications. Specific reviews can help determine which records are important without making assumptions that all departments were involved.
Operational Experience Aids in Explaining the Paperwork
Preston Rideout, a hospitality professional since 1996, has extensive experience in the management of nightclubs and bartending as well as multi-unit beverage operations. Rideout Hospitality Consulting was established in the year 2010 and has offered advice to restaurant, hotel and resort operators throughout the United States.
His expert witness work includes issues involving hotels, restaurants resorts, casinos and hotels for defense and plaintiff attorneys. It is helpful to have an understanding of hospitality management to interpret documents that look simple for those not familiar with the industry.
A staffing plan includes, for instance, those assigned to work. To determine if these assignments were appropriate it is necessary to understand the service model of the property and its operating conditions.
A more convincing case begins with Clarer Questions
An early expert review will help lawyers distinguish between evidence-based facts and questions that remain unanswered. It may also help identify what documents merit requesting or clarifying the terms used to describe depositions.
Not every discrepancy demonstrates an operational issue, and not every written policy proves that appropriate procedures were observed.
The value of expert analysis is in demonstrating these distinctions using relevant evidence and industry-wide practices that are well-known. Attorneys who are preparing for a hospitality lawsuit could benefit from understanding the operations and their employees before conducting an interview with them. This will enable an in-depth review of the events that occurred.