An incident report for a hotel may contain only a few paragraphs. It includes the name of the guest, a description of the incident as well as the names of the personnel who attended to the incident.
For an attorney, that report might cause more questions than it provides answers. Who was in charge of supervising the employees who were involved? Was surveillance footage preserved? Did the property follow its prescribed procedures? Did previous interactions occur that were not recorded in the reports?
These questions demonstrate the reasons why it is sometimes necessary to examine business records before a witness testifies in a case involving hospitality.
Begin by examining the documents made during normal operations
Documents are kept by hospitality businesses to plan, guest services, training for staff, security, management, and many more. While these records weren’t created for legal proceedings, they may help determine the way a property operated during an incident.
A witness from the hospitality industry will examine the staffing schedules and operating procedures as well as the employee’s training records as well as security logs and surveillance recordings to understand what responsibilities are given to whom. As an example, an official policy might state that the manager must respond to an employee who is notified of an intoxicated client.
The investigation should determine if the manager was on duty and if the report was distributed, and what response the available evidence documents. It is much more important to examine the actual performance of the operation rather than to presume that written instructions were followed or not observed.
The interpretation of restaurant records is different
The employees are split among the food service, beverage preparation, customer requests and dining-room management. This creates a challenge for restaurant investigations. An expert witness from the restaurant industry can help explain how employees’ decisions are influenced by their responsibilities.
Take a look at a dining-room situation involving a customer who ordered alcohol at a bar before moving to a table. The bar receipt may document the initial purchase, while the records of dining-room transactions indicate later purchases.
However, the records may not reveal what the table server knew about the prior service. Combining the server assignments, transaction time, management notes, and employee declarations could help in determining the sequence. It is crucial to note an important distinction: just because alcohol was purchased doesn’t mean employees noticed that they were drunk.
Casino Investigations May Require Different Records
Casino beverage programs can be significantly different from those offered by the typical restaurant. Complimentary drinks, mobile cocktail servers, gaming floor supervisors and extensive security operations provide other sources of information.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. If beverages are offered as a complimentary service traditional sales receipts can be inadequate.
In these circumstances the investigation might rely more heavily on surveillance records employees’ observations, employee documents, and the procedure for the property’s documentation. The expert should also be able to identify any weaknesses in the evidence, and not accept a partial report.
Make sure you keep the evidence until it’s no more available
Conserving documents with time-sensitive information is a crucial consideration in litigation which involves hospitality. Records from surveillance systems may be retained for a brief time. Information regarding employee schedules, internal communications and other information and incident documents could be stored by various departments or systems. Attorneys need to identify relevant records and take the appropriate actions early.
The appropriate scope will depend on the accusations. A restaurant case may require bar and dining-room records, while a resort incident could require documentation of the event as well as transportation arrangements and security communications. Targeted reviews help identify which records are important without assuming that all departments were involved.
The process of preparing paperwork is simpler with operational experience
Preston Rideout has worked in hospitality since 1996. He has previous experience in bartending and nightclub management, and multi-unit drinks operations. Rideout Hospitality Consulting is a company he created in the year 2010. He has provided advice to restaurant, resort and hotel owners across the United States.
Expert witness testimony for both plaintiffs and defendants has encompassed issues involving resorts, casinos or restaurants, as well as hotels. It’s helpful to have a background in hospitality management for interpreting documents that seem straightforward for those not experienced in the field.
A staffing plan is one example. It identifies the employees assigned to work. Being aware of whether the assignments provide adequate supervision is dependent on knowing the service model of the facility and its operating conditions.
To create a stronger argument, ask better questions
An early expert review can help attorneys distinguish documented facts from unresolved issues. It can help determine which documents are worth seeking or defining the terms employed in depositions.
Not all discrepancies are indicative of an operational issue. Also, not every procedure that proves that the right procedure was observed.
It is the value of an expert’s assessment that shows the distinctions made by utilizing established best practices in the industry and evidence. Attorneys who are preparing for a hospitality lawsuit can benefit from a thorough understanding of the operations and their employees prior to interviewing them. This will allow a more focused examination of what happened.