The hotel incident report could just be a few paragraphs. It includes the name of the guest, a description of the incident and the names of the responding staff.
The investigation could bring up more than one question for an attorney. Who was the supervisor of the employees who were involved in this matter? Was surveillance footage preserved? Was the property following its procedures? Did you have any previous interactions that weren’t reported?
These questions show the need to review business records prior to when an individual witness is called to testify in a case involving hospitality.
Begin by examining the documents made during normal operations
Businesses that operate in the hospitality industry create records for training, scheduling and guest service, security and management. These documents were not necessarily intended for litigation however they can be used to prove how the hotel operated in an incident.
A witness from the hospitality industry will examine the staffing schedules as well operating procedures, employees’ training records as well as security logs and surveillance recordings in order to better understand what responsibilities are attributable to different employees. A written policy might require the manager to respond to an employee who reports an intoxicated client.
Investigating the incident should determine whether the manager was working, if the report was sent, and based on the evidence, what was the response. The objective is to assess actual actions rather than to assume that written guidelines were implemented or not.
Restaurant records require their own Interpretation
The investigation process in restaurants is difficult since employees must split their time between food preparation in the kitchen, serving customers and overseeing the dining room. A restaurant expert witness can clarify the impact of these duties on the decisions taken by employees while they serve.
Consider a dining-room incident involving the customer who purchased alcohol at the bar prior to making the move to a table. The bar receipt can be evidence of the first purchase while the table transaction records could show subsequent orders.
These records might not show the server’s knowledge of the previous service. Examining server assignments, transaction time notes of management and employee records together can assist in determining the order. It is crucial to note the distinction that the fact that alcohol was purchased doesn’t mean the staff was intoxicated.
Casino Investigations can require different forms of documentation
Casinos have beverage programs which differ from the standard restaurant service. Drinks are free, there are mobile cocktail servers, gaming-floor supervisors, as well as extensive security operations are further sources of information.
A Casino expert witness may examine beverage staffing assignments, surveillance footage, security reports as well as the rules governing employee communications. Traditional sales receipts can give an inaccurate account if drinks are offered for free.
In such a case an investigation can depend heavily on surveillance available, employee observations and service records as well as the procedures that are documented for the facility. Experts must recognize the limitations of evidence, rather than relying on insufficient data as proof.
Be sure to save the evidence before it’s no longer available
Conserving documents with time-sensitive information is an important concern in the context of litigation involving hospitality. Surveillance systems could keep recordings for short periods. Information regarding employees’ schedules and internal communications as well as incident documentation are stored by different departments or systems. Attorneys need to identify relevant records in the early stages and take the appropriate steps to preserve them.
The necessary scope depends on the allegations. The extent of an investigation will be contingent on the accusations. Targeted reviews help identify which documents are necessary without making assumptions that every department is involved.
Operational Experience Helps Explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has since provided assistance to hotel, restaurant and resort operators across the United States.
He has been an expert witness in a variety of cases involving hotels, casinos, resorts as well as restaurants for the defense and plaintiffs. This knowledge of operations is beneficial in the interpretation of records that appear straightforward to someone who is not familiar with hospitality management.
A staffing plan For instance, it identifies who was given the task. The service model and operational conditions of a property is vital to determine if these assignments provide appropriate supervision.
To help build a stronger case and build a stronger case, you must ask better questions.
A thorough review of the expert’s work will help attorneys to distinguish between documents and unresolved issues. It helps identify documents that are worthy of requesting and help define the operational terms used in depositions.
Some discrepancies are not indicative of an operational issue. There isn’t a single policy that shows the proper procedure was observed.
Expert analysis in hospitality is beneficial when it explains the differences using evidence and recognized practices. Attorneys preparing for a hospitality lawsuit can benefit from a thorough understanding of the company and its employees before conducting an interview with them. This allows for an unbiased investigation of what happened.
