An incident report for hotels could be just short, perhaps a couple of paragraphs. It will include the name of the guest, the description of the incident, as well as the names of the responding staff.
For attorneys, this report can bring more questions than it addresses. Who was the person in charge of the employees in this incident? Was surveillance footage preserved? Did the property follow established procedures? Was the property involved in earlier interactions that were not recorded in the report.
This is the reasons why it is sometimes necessary to examine business records before a witness testifies in a lawsuit involving hospitality.
Start with the documents created During Normal Operations
The hospitality industry produces records to schedule, train guests service, scheduling and management. While these records weren’t made to aid in lawsuits, they can be used to identify how a place operated in the aftermath of an incident.
An expert witness in Hospitality may look over staffing schedules, operational procedures, education files, security logs, and recordings of surveillance to determine the responsibilities given to different personnel. For instance, a written policy might oblige a manager to take action to an employee who reports an intoxicated guest.
The investigation should establish whether the manager was involved and if a report was made, and in light of the evidence, what the reaction was. It is far more crucial to evaluate the actual operation than to assume that written instructions were adhered to or not respected.
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 poses a challenge for investigation of restaurants. An expert witness for Restaurants can discuss how these responsibilities influence the choices employees take during service.
Think about a dining-room incident that involves customers who have ordered alcohol at the bar, before making the move to a table. The bar receipt might document the initial purchase, whereas the table transaction records could record subsequent purchases.
But, these records may not reveal what the server at the table knew about the previous service. Reexamining server assignments, transaction time notes from management, employee declarations together will aid in understanding the sequence. It is essential to keep a distinction: just because alcohol was bought doesn’t mean employees noticed that they were drunk.
Casino Investigations May require different documents
Casinos have beverage programs that differ significantly from standard restaurant service. The addition of complimentary drinks cocktails, servers serving drinks at the casino floor and security personnel can provide additional information.
A Casino expert witness can review the beverage staffing arrangements, security footage, surveillance reports, and procedures governing employee communications. Traditional sales receipts can give an inaccurate account if beverages are free.
In this case the investigation may rely more heavily on surveillance, employee observation service records, and other documented procedures. The expert should also be able to identify limitations in the evidence instead of taking an insufficient document as evidence of an incident.
Make sure you keep the evidence until it’s no longer accessible
The preservation of documents that are sensitive is an issue for litigation involving hospitality. Recordings from surveillance systems can be saved for a specific duration. Information about employee schedules and internal communication along with incident-related documentation are stored by different departments or even systems. Attorneys should identify potentially relevant records early and take the appropriate steps to protect the records.
The appropriate scope will depend on the nature of the claims. The extent of an investigation will be contingent on the allegations. A specific review can help determine the records that are pertinent without taking for granted that every department played any function.
The Paperwork is a Product of Operational Experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a company he created in the year 2010. He has provided advice to restaurants, resorts and hotel owners across the United States.
He has been an expert witness in trials involving hotels, casinos, resorts and restaurants, for both plaintiffs’ and defense counsel. This background in operations can be beneficial when interpreting documents that could seem easy to a person who is not experienced in hospitality management.
A staffing plan can, for example, identify the employees assigned to work. To determine if these assignments were proper, you need to know the model of service for the building and its operating conditions.
A more convincing case begins with Simpler Questions
Early expert reviews help lawyers differentiate between unresolved and documented issues. It may also help identify what documents merit requesting or clarifying the terms employed in depositions.
It is not necessary to demonstrate that a written policy was followed in the event of discrepancies.
The analysis of a professional in the field of hospitality is valuable when it clarifies the differences using evidence and well-known practices. Understanding the procedure prior to conducting an investigation into employees in a hotel situation can assist lawyers in preparing cases that have a an unbiased and trustworthy examination.
