An incident report for a hotel may comprise only a few paragraphs. The report identifies the guests, describes the incident, identifies the personnel who responded, and records the time management was notified.
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? Did the property follow standard procedures? Were there earlier interactions that were not recorded in the reports?
This is the reason why it’s often necessary to review business records prior to when an individual witness is called to testify in a lawsuit regarding hospitality.
Begin With the Documents Produced During Normal Operations
Documents are kept by hospitality companies for scheduling guest services, training of staff and security management and many more. Although these documents weren’t necessarily intended for lawsuits, they can be used to determine the way a property operated in the aftermath of an incident.
An expert witness in the field of hospitality may review staffing schedules and operating procedures as along with employee training documents and logs of security and recordings from surveillance cameras to determine what responsibilities are given to each employee. A written policy could require that the manager take action to an employee who reports an intoxicated client.
In the course of investigating the incident, it is important to determine whether the manager was in charge and if a report was submitted, and, according to the evidence, what was the response. Instead of simply assuming that processes were observed or not It is more important to determine what actual actions actually took place.
The interpretation of restaurant records may be different
The employees are split between the food service, beverage preparation as well as customer service and dining room management. This presents a problem for investigation into restaurant operations. An expert witness from a restaurant can explain the impact of these responsibilities on the choices made by employees during service.
Think about a dining-room incident that involves the customer who purchased alcohol at the bar prior to making the move to a table. The bar receipt may document the purchase made at the bar, while dining room transaction records may document subsequent orders.
But, these records may not establish what the table server knew about the previous service. The combination of server assignments with the transaction times, management notes and employee communications will help to clarify the order. It is important to recognize distinctions: just because alcohol was bought does not mean that employees were intoxicated.
Casino Investigations Might require a different set of records
Casinos operate beverage programs which can be quite different from the standard restaurant service. Cocktails with complimentary drinks, mobile servers, gaming floor supervisors and extensive security operations provide additional sources of data.
A casino expert witness can examine beverage staffing, surveillance footage and security reports. They can also look over the procedures for employee communications. The standard sales receipt may not be true in the event of complimentary beverages.
In these circumstances, the investigation may depend more heavily on available surveillance employees’ observations, employee documents, and the property’s documented procedures. The expert must be able to spot any flaws in the evidence and not just accept an incomplete report.
Be sure to save the evidence before it’s no longer available
Documents that have to be saved for time is a significant concern when it comes to lawsuits related to hospitality. Some surveillance systems only keep records for a specific period of time. Employee schedules, internal communications, and incident documents may be archivalized in different departments or systems. Attorneys should identify and save the records that may be pertinent as soon as they are able.
The appropriate scope will depend on the allegations. A restaurant claim may require bar and dining-room records for instance, while a resort event could need documentation for the event as well as transportation arrangements and security communications. Targeted reviews help identify which documents are necessary without making assumptions that every department is involved.
The process of preparing paperwork is simpler with experience from the operational side.
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a business he started in 2010. He has provided advice to the resort, restaurant and hotel operators across the United States.
Expert witness testimony for both plaintiffs and defendants has covered matters that involved resorts, casinos, restaurants, and hotels. It’s useful to have some experience in hospitality management for interpreting documents that seem simple to those who are not familiar with the industry.
Staffing plans, for instance, identify who has been assigned to work. To determine if those assignments were under sufficient supervision requires an understanding of the structure’s service model as well as operational conditions.
To make a more convincing case to build a stronger case, ask more questions
Early expert review will help lawyers distinguish the documented facts from unresolved issues. It can help determine which documents are worthy of requesting, or clarifying the terms employed in depositions.
It is not necessary to prove that a policy written was followed in the event of divergences.
The benefit of expert analysis is to explain these distinctions using relevant evidence and accepted industry practices. Knowing the process prior to asking employees to answer questions in a hospitality case can assist attorneys in preparing a case with a an unbiased and trustworthy examination.