A hotel incident report might contain only a few paragraphs. The report identifies the guest, describes a disturbance, names the responding employees and also records the time the management was informed.
This report may bring up more questions for attorneys than it could answer. Who was accountable for supervising these employees? Was surveillance footage preserved? Did the facility follow its procedures? Did you have any previous interactions which were not recorded?
These issues illustrate the reason why hospitality litigation typically requires an examination of ordinary documents of business before witness testimony commences.
Begin by looking over the documents that were produced during normal operation
Businesses that operate in the hospitality industry create records for training, scheduling, guest service, security, and management. These records weren’t necessarily intended for litigation however they could be used to document how the property operated during an incident.
A Hospitality expert witness could study staffing plans, operating procedures, employee training files, security logs, and surveillance recordings to learn the duties assigned to different staff members. For instance an example, a policy that is official may state that the manager must react when an employee notifies them of a drunk client.
Investigating whether or not the manager was actually working on the report, whether or no report was distributed and the responses confirmed by the evidence is the main objective. It is more important to look at actual actions than to presume that the written instructions were followed or not respected.
There is the need for a different interpretation of the restaurant records
The investigation process in restaurants is difficult since employees must split their time between cooking food and serving customers as well as managing the dining space. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make in service.
Consider an incident in the dining room that involves the patron who bought drinks at the bar prior to settling into a seat. The bar receipt can document the initial order, while dining-room records will show the more recent orders.
However, these documents may not provide proof of what the tableserver was aware of about the prior service. Combining the server assignment the time of transactions, managerial notes and employee communications can clarify the sequence. The key difference is: evidence that alcohol was purchased does not necessarily mean that the staff member was intoxicated.
Casino Investigations Might require a different set of records
Casino beverage programs are significantly different from those offered by a traditional restaurant. The addition of complimentary drinks, cocktail servers at the casino floor, and security personnel are all sources of additional information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. If beverages are offered in a free service, traditional sales receipts may be insufficient.
In such a case the investigation may rely more heavily on surveillance, employee observation, service records and documented procedures. The expert needs to also recognize any weaknesses in the evidence, instead of taking an insufficient document as evidence of an event.
Save the evidence before it becomes unavailable
The preservation of documents that are time sensitive is a practical concern for litigation involving hospitality. Certain surveillance systems can only store records for a specific period of time. Employee schedules, internal communications, as well as incident-related documentation could be archivalized in different systems or departments. Attorneys must identify and preserve any relevant records as quickly as is possible.
The scope of the necessary investigation is contingent upon the facts. For instance, a restaurant may need documents for the dining room or bar. A resort incident might require event documentation, travel arrangements, or security communication. You can find relevant records by conducting an examination that is targeted, without having to assume that every department was involved.
Operational Experience Helps Explain the Paperwork
Preston Rideout, a hospitality professional since 1996, has experience in bartending and nightclub management as well as multi-unit drinks operations. Rideout Hospitality Consulting is a company he created in 2010. He has advised on resort, restaurant and hotel operators across the United States.
Expert witness testimony on behalf of plaintiffs and defendants has included issues related to resorts, casinos and restaurants as well as hotels. That operational background is useful in interpreting documents that might seem straightforward to someone who is not familiar with the management of hospitality.
A staffing plan is one example. It identifies the individuals who were assigned to work. Knowing the model of service as well as operational conditions of a property is essential to know if the assignments are supervised in a proper manner.
The ability to clearly state the issue is the first step to a stronger argument
Early expert review can assist attorneys in separating documented facts from unresolved issues. It can help identify other records worth requesting, help clarify the terms used in depositions and determine which employee decisions require more scrutiny.
There are many reasons why discrepancies may not be indicative of an operational issue. There isn’t a single policy that proves the correct procedure was implemented.
Expert analysis in hospitality is valuable when it explains the differences using evidence and well-known practices. Knowing the process prior to interviewing employees in a matter can help lawyers prepare a case with a more precise and credible investigation.