An incident report for the hotel could only be a few paragraphs long. It contains the name of the guest, the description of the incident as well as the names of the staff members who responded.
The investigation could bring up multiple issues for an attorney. Who was the manager of the employees that were implicated in this particular case? Was surveillance footage preserved? Was the property following the rules? Are there any interactions that occurred prior to the property that weren’t disclosed?
These questions demonstrate the reason why it’s often necessary to look over business records prior witnesses testify in a lawsuit involving hospitality.
Begin With the Documents Produced During Normal Operations
Records are kept by hospitality businesses for scheduling, staff training, guest services and security management and much more. While these records weren’t made to aid in litigation, they could help determine the way a property operated during an incident.
A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to understand the responsibilities assigned to different personnel. As an example the policy could state that the manager must respond to an employee who reports an intoxicated client.
The investigation must determine if the manager was on duty on the report, if it was distributed, and what response the available evidence documents. It is important to examine the actual performance of the operation rather as opposed to assuming that written directives were followed or not respected.
The way to interpret restaurant records is different
The employees are divided between the food service, beverage preparation as well as dining-room management. This presents a problem for investigation into restaurant operations. A qualified witness in the restaurant industry can help show how decisions made by employees are influenced by these duties.
Imagine an incident in the dining room that involves the patron who bought drinks at the bar prior to moving to a table. The bar receipt can record the purchase at the beginning, and the transaction records for dining room transactions indicate later purchases.
The information in those records might not be revealing what the server’s information was about the prior service. Looking over server assignments, transaction times notes from management, employee records together can help to clarify the process. It is important to make the distinction that the fact that alcohol was purchased does not mean that the staff was intoxicated.
Casino Investigations Might require a different set of records
Casino beverage plans can be quite different from the ones of the traditional restaurant. The inclusion of complimentary drinks, cocktail servers at the casino floor and security personnel can provide additional information.
A certified witness from a casino could examine the assignments for staffing of beverages as well as surveillance footage, security reports and employee communication procedures. If beverages are offered as a complimentary benefit, traditional sales receipts may be insufficient.
In such a case an investigation can be heavily based on the surveillance, employee observation and service records, as well as the procedures that are documented for the premises. The expert should also be able recognize any shortcomings in the evidence, and not simply accept a faulty record.
Make sure you save the evidence prior to when it becomes unavailable
The preservation of documents that are time sensitive is a practical concern for litigation involving hospitality. Some surveillance systems will only save recordings for a certain period of time. Different departments or systems could store employee schedules, internal communication as well as incidental documentation. Attorneys need to identify and archive any relevant records as quickly as possible.
It depends on the nature of the claim. For example restaurants may require restaurant and bar records. An incident at a resort could need documentation of the event such as travel arrangements or security messages. The targeted reviews will help you determine the records that are crucial without making assumptions that every department is involved.
Making sense of paperwork is much easier with experience from the operational side.
Preston Rideout is a hospitality veteran with more than twenty years of experience. He has held various positions in management, bartending, as well as beverage operations across multiple companies. Rideout Hospitality Consulting is a company he created in 2010. He has provided advice to restaurant, resort, and hotel operators throughout the United States.
He has been an expert witness in a variety of cases involving resorts, hotels, casinos and restaurants, for both the defense and plaintiffs. His operational knowledge is helpful when interpreting records that may appear simple to someone unfamiliar with the management of hospitality.
A staffing plan can, for example, identify the employees assigned to work. To determine whether the assignments were appropriate it is necessary to understand the model of service for the facility and its operational conditions.
The ability to clearly state the issue is the first step towards a stronger argument
A thorough review of the expert’s work will aid attorneys in distinguishing between documents and unresolved issues. The review can reveal additional records worth requesting, clarify the terms used in depositions and establish which employee decisions require a closer look.
Not every discrepancy demonstrates an operational issue or a lack of written policy proves that appropriate procedures were followed.
The value of expert analysis is in demonstrating these distinctions using relevant evidence and established industry practices. Understanding the business before questioning employees in a hospitality case can assist attorneys in preparing the case for a an unbiased and trustworthy examination.