A report of an incident at a hotel might only be one or two paragraphs. The report identifies guests, details the incident, names the people who responded, and records when the management was informed.
For attorneys, this report can bring more questions than it answers. Who was responsible for supervising these employees? Was surveillance footage preserved? The property adhered to its own rules. Are there any interactions that occurred prior to the property that weren’t reported?
These questions demonstrate the need to look over business records prior witness testimony in a lawsuit involving hospitality.
Start by reviewing the documents that were created during normal operation
The hospitality industry’s businesses maintain records of scheduling, guest service, training, security and management. These documents were not necessarily intended for litigation however they can be used to document 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. A written policy might require managers to address the employee who complains about an intoxicated customer.
In the course of investigating the incident, it is important to determine whether the manager was working and if a report was issued, and from the evidence what the response was. Instead of simply assuming that processes were adhered to or not it is important to assess how the actual operation actually occurred.
The way to interpret restaurant records is different
Restaurant investigations can be difficult due to the fact that employees have to divide their time between cooking food serving customers, as well as managing the dining area. A qualified witness in the restaurant industry could help demonstrate how decisions made by employees are influenced by their responsibilities.
Imagine that a client ordered alcohol from the bar and was transferred to tables. The bar receipt could document the initial purchase, whereas the table transaction records could show subsequent orders.
The records could not provide what the server knew of the previous service. Combining the server assignment with the transaction times, management notes and employee statements can clarify the sequence. An important distinction remains: the evidence of alcohol consumption isn’t necessarily proof that the employee was aware of their intoxication.
Casino Investigations May require different documents
Casinos have beverage programs that differ significantly from conventional restaurant service. Cocktails with complimentary drinks, mobile servers, gaming floor supervisors and extensive security operations provide additional sources of information.
A casino expert witness can analyze beverage staffing and security footage and surveillance. They can also look over procedures for employee communication. The traditional sales receipt may not be accurate when complimentary beverages are being served.
In these circumstances the investigation might rely more heavily upon surveillance or employee reports, service records, and the property’s documented procedures. The expert should be able to identify any flaws in the evidence and not just accept an incomplete report.
Keep the Evidence in place before it Becomes Unavailable
The preservation of documents that are time sensitive is a significant issue for hospitality litigation. The records from surveillance systems could be kept for a limited time. Employee schedules, internal communications, as well as incident-related documentation could be kept in different systems or departments. Attorneys must be aware of relevant documents and take appropriate measures early.
The necessary scope depends on the facts. For example an establishment may need bar and dining room records. A resort incident might require documentation for an event and travel arrangements or security communications. It is possible to identify relevant records through a targeted review, without having to assume that all departments were involved.
Making sense of paperwork is much easier with operational experience
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 been providing advice to restaurant, hotel and resort owners across the United States.
Expert witness testimony on behalf of plaintiffs and defendants has covered matters involving casinos, resorts and restaurants as well as hotels. This operational background can be helpful when interpreting records that may seem straightforward to someone who is not familiar with hospitality management.
A staffing schedule, for instance, identifies the individuals who were given the task. To determine if these assignments were proper you should know the structure of the building and its operating conditions.
A stronger case starts with Clearer Questions
An early expert review can help attorneys discern between documented and unresolved problems. It could help uncover additional documents worth requesting, help clarify how depositions are conducted, and establish which employee decisions require more scrutiny.
Every discrepancy is not an operational issue however, not every document proves that the appropriate procedures were adhered to.
The value of expert analysis is in demonstrating those distinctions through relevant evidence and accepted industry practices. In the case of attorneys who are working on the case for a hospitality client, understanding the company prior to questioning its employees can lead to more precise, reliable investigation of what actually happened.