The hotel incident reports may only contain a few sentences. The report lists the guests, describes the incident, identifies the people who responded, and also records when management was notified.
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 had its own procedure. Was the property involved in earlier interactions that weren’t included in the report.
These questions highlight why litigation involving hospitality often calls for an examination of regular business records prior to when witness testimony commences.
Start With the Documents Created During Normal Operations
Documents are kept by hospitality businesses to plan staff training, guest services, security, management, and many more. Even though the documents were not created to be used in court but they can be helpful in establishing how a property performed in the event of a specific incident.
A Hospitality expert witness could look over staffing schedules, operating procedures, employee training documents, security logs and surveillance records to comprehend the responsibilities assigned to different staff members. As an example one policy may say that the manager has to respond when an employee reports an intoxicated client.
The investigation must determine if the manager was actually working, whether the report was distributed, and what response the available evidence documents. The goal is to evaluate the actual operation rather than assuming that written guidelines were adhered to or not followed.
There is an need for a distinct analysis of the restaurant’s registers
Restaurant investigations can be challenging as employees divide their attention among the preparation of beverages, food service, customer requests, and managing the dining area. A professional witness in the restaurant industry can clarify how the decisions of employees are influenced by their responsibilities.
Think about an incident in the dining area that involved an individual who had purchased drinks at the bar prior moving to a table. The bar receipt may document the initial purchase, whereas the restaurant transaction records might document subsequent orders.
Those records may not reveal the server’s knowledge of the prior service. Combining the server assignment the time of transactions, managerial notes, and employee records can help clarify the process. The key difference is: the evidence of alcohol consumption does not mean that employees were aware of intoxication.
Casino Investigations Might require a different set of records
The beverage offerings at casinos can be significantly different from those offered by a typical restaurant. The availability of complimentary drinks, cocktail servers at the casino floor and security personnel are all sources of additional information.
A casino expert witness could examine beverage staffing, security reports and surveillance footage. They can also look over the procedures for employee communications. The standard sales receipt may not be true when complimentary drinks are involved.
In such a case the investigation could depend on surveillance, employee observation and service records as well as the procedures that are documented for the building. The expert needs to also recognize limitations in the evidence rather than relying on an uncomplete record as proof of an event.
Make sure you save the evidence prior to when it’s unavailable
One of the main concerns when it comes to hospitality litigation is the preservation of time-sensitive records. The records from surveillance systems could be stored for a short time. The information about employee schedules, internal communications and other information and incident documents are stored by different departments or by different systems. Attorneys must be aware of relevant documents and implement the appropriate steps in the early stages.
The appropriate scope will depend on the facts. For example an establishment may need restaurant and bar records. An incident at a resort could require event documentation and travel arrangements or security communication. It is possible to determine relevant records by conducting an examination that is targeted, without being required to assume that all departments were involved.
Operational Experience Aids in Explaining 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 advice to restaurant, hotel and resort operators throughout the United States.
Expert witness testimony on behalf of plaintiffs and defendants has covered matters involving casinos, resorts, restaurants, and hotels. It is helpful to have a background in hospitality management when interpreting documents that seem simple for those not familiar with the business.
A staffing plan, for instance, identifies the employees assigned to work. To determine if the assignments were proper you must know the service model of the building and its operating conditions.
The ability to clearly state the issue is the first step to an argument that is stronger
Early expert review assists attorneys distinguish between documented and unresolved problems. It can help determine which records should be requested and also clarify the terminology that is used in depositions.
Each discrepancy does not indicate an operational flaw however, not every written policy proves that appropriate procedures were observed.
The value of hospitality expert analysis is in demonstrating those distinctions through relevant evidence and recognized industry practices. When lawyers prepare the case for a hospitality client, understanding the operations prior to questioning employees could lead to a more focused, credible examination of what actually occurred.