The incident report for a hotel may be a short document with only a few words. The report lists the guests, explains the incident, identifies the personnel who responded, and records the time management was notified.
For attorneys, this report can raise more questions than it can answer. Who was responsible for supervising the workers that were involved? Was surveillance footage preserved? Did the facility follow its established procedures? Are there any earlier interactions which were not disclosed?
These are the reasons the reason why hospitality litigation typically demands an examination of normal business records before testimony of witnesses begins.
Start by looking through the documents created in normal operations
Hotels and restaurants maintain records of scheduling, guest service, training, security and management. While these records weren’t made to aid in legal proceedings, they may help establish how a property functioned during a particular 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. A written policy might require managers to address any employee who has reported an intoxicated client.
Examining whether or not the manager actually worked in the workplace, whether or not the report had been communicated and the responses documented by the available evidence should be the goal. The aim is to determine actual operations rather than assume that written guidelines were followed or ignored.
Restaurant Records Must Have Their Own Interpretation
The employees are split among the food service, beverage preparation as well as dining-room management. This poses a challenge for restaurant investigations. An expert witness in the restaurant industry will be able to demonstrate how decisions made by employees are influenced by these duties.
Imagine a situation in which the client purchased alcohol from the bar and was moved to an area at a table. The bar receipt may document the initial purchase, while the records of dining-room transactions will show subsequent orders.
However, these records may not confirm what the tableserver was aware of about the previous service. By examining all of the data like servers assigned and transaction times as well as management notes and employee declarations will help clarify the sequence. A distinction needs to be made that the fact that alcohol was sold doesn’t automatically suggest that employees are aware of intoxication.
Casino Investigations may require different records
Casino beverage programs are very different from those of the traditional restaurant. The additional drinks that are complimentary, cocktail servers on the gaming floor, and security personnel are all sources of additional information.
A professional witness from a casino could review the assignment of staff to drink as well as surveillance footage, security reports and employee communication protocols. The standard sales receipt may not be correct when complimentary drinks are involved.
In these situations, the investigation could rely on surveillance, employee observation service records, and other documented procedures. Experts must identify the limitations of evidence, rather than relying on insufficient data as proof.
Save the evidence before it’s no longer available
A major concern in hospitality litigation is the preservation of time sensitive documents. Surveillance systems’ records can be saved for a specific period of time. Different departments or systems can save employee calendars, internal communications, and incident documents. Attorneys should identify and save the records that may be pertinent as soon as they can.
The scope of the investigation varies on the type of allegations. For instance, a restaurant may need the records of its dining room and bar. A resort-related incident could need documentation of the event, travel arrangements, or security messages. A focused review will help identify what records are important without taking for granted that every department played any function.
The process of preparing paperwork is simpler when you have experience in the field.
Preston Rideout, a hospitality professional since 1996, has experience in managing nightclubs and bartending in addition to multi-unit drink operations. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to hotels, restaurants, and resort operators throughout the United States and internationally.
He has served as an expert witness in cases involving resorts, hotels, casinos and restaurants, for both plaintiffs’ and defense counsel. It’s useful to have some experience in hospitality management for interpreting documents that appear simple to those who aren’t experienced in the field.
Staffing schedules, such as you can identify the person who was assigned to work. To determine if those assignments were under the proper supervision requires understanding of the service model of the facility and its operational conditions.
Clarity in the questions is the initial step to an argument that is stronger
A quick review by an expert will aid attorneys in distinguishing between evidence-based facts and questions that remain unanswered. It may help identify which documents are worth seeking or clarifying the terminology employed in depositions.
It is not necessary to demonstrate that a written policy was adhered to if there are divergences.
A professional analysis of hospitality is beneficial when it explains the distinctions with relevant evidence and well-known practices. If lawyers are preparing cases involving hospitality, understanding the business prior to questioning its employees can lead to more precise, reliable investigation of what actually happened.
