An incident report for hotels could be just 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 report could raise multiple issues to an attorney. Who was the person who was supervising employees that were involved? Was surveillance footage preserved? The property was following its own policies. Was the property involved in earlier interactions that were not recorded in the report.
These questions highlight why hospitality litigation often demands an examination of normal documents of business before witness testimony commences.
Begin with the documents that were created in normal operation
Hotels create documents for scheduling, training guests service, scheduling, and management. These records were not always intended for litigation however they can be used to establish how the hotel operated in 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. For example the written policy may oblige a manager to take action to an employee’s report of an intoxicated guest.
Investigating the incident should determine whether the manager was involved on the incident, if the complaint was issued, and based on the evidence, what the response was. Instead of simply assuming that processes were adhered to or not It is more important to determine what actual actions actually occurred.
The way to interpret restaurant records is different
The employees are divided between the catering, beverage prep, customer requests and dining-room management. This presents a problem for investigation of restaurants. An expert witness for Restaurants can discuss how these responsibilities influence the choices employees make in service.
Think about a dining-room incident that involves customers who have ordered alcohol at a bar before making the move to a table. The bar receipt might document the purchase made at the bar, while transactions in the dining room could record subsequent purchases.
However, these records may not prove what the tableserver was aware of about the earlier service. Reviewing server assignments, transaction times, management notes, and employee declarations together will aid in understanding the sequence. It is crucial to note a distinction: the fact that alcohol was purchased does not mean that the employees were intoxicated.
Casino Investigations May Require Different Records
Casinos operate beverage programs that differ significantly from the standard restaurant service. Additional sources of information include free drinks, mobile cocktail servers and gaming-floor supervisors.
A casino expert witness can examine beverage staffing, surveillance footage and security reports. They may also review the procedures for employee communications. If drinks are offered as a complimentary service, the traditional receipts for sales can be inadequate.
In this case an investigation can rely more heavily on surveillance, employee observation as well as service records and documented procedures. The expert must also be able to spot any shortcomings in the evidence, and not simply accept a faulty report.
Keep the Evidence in place before it Becomes Unavailable
One of the main concerns in litigation involving hospitality is the protection of time-sensitive records. Certain surveillance systems can only store the records for a set amount of time. Information regarding employees’ schedules and internal communications along with incident-related documentation can be stored by different departments or systems. Attorneys must identify and preserve potentially relevant records as soon as they can.
The scope of the investigation depends on the nature of the accusations. Restaurant claims may need bar and dining-room records and a resort-related incident could require documentation of the event, transportation arrangements, and security communications. Targeted reviews help identify which documents are necessary and not assume that all departments were involved.
It is easier to understand the paperwork when you have operational experience
Preston Rideout, a hospitality professional since 1996, has extensive experience in bartending and nightclub management in addition to multi-unit drink operations. Rideout Hospitality Consulting is a company he created in 2010. He has advised the resort, restaurant and hotel operators across the United States.
He has served as an expert witness in the case of hotels, casinos, resorts and restaurants, for both plaintiffs’ and defense counsel. That operational background is useful in the interpretation of records that appear simple to someone unfamiliar with hospitality management.
A staffing schedule is a good example. It lists those who were designated to work. Knowing the model of service as well as the operational requirements of a facility is crucial to establish if the assignments are supervised in a proper manner.
Clearness in your questions is the first step towards stronger arguments
An early review by an expert can assist attorneys in separating documented facts and unresolved questions. It could help uncover additional documents worth requesting, clarify how depositions are conducted, and identify which decisions of employees need closer scrutiny.
Some discrepancies are not indicative of an operational issue. Not every procedure that proves that the right procedures were observed.
It is the value of an expert’s report that illustrates the distinctions made by utilizing established industry practices and relevant evidence. In the case of attorneys who are working on an investigation into hospitality, knowing the company prior to questioning its employees can lead to a more focused, credible analysis of what actually transpired.