A Hotel Incident Report Is Only the Beginning of the Investigation

A report of an incident at a hotel might only be a few paragraphs long. It includes the name of the guest, a description of the incident as well as the names of the people who were involved in the incident.

The investigation could bring up multiple questions to an attorney. Who was supervising the employees that were involved? Was surveillance footage preserved? The property was following its own policies. Did you have any previous interactions which were not documented?

These questions illustrate why hospitality litigation often requires an examination of ordinary business records before testimony of witnesses commences.

Start with the documents created during normal operations

The hospitality industry produces records for scheduling, training and guest service, security, and management. Even though the documents were not created for use in litigation however, they can be useful in establishing how a property did during a particular incident.

A professional witness in hospitality may review staffing schedules and operating procedures, as along with employee training documents and logs of security and surveillance camera recordings to determine the duties that are assigned to each employee. As an example one policy may state that the manager must react when an employee notifies them of a drunk client.

The investigation must determine if the manager was in fact working, whether the report was distributed, and what response the available evidence documents. Instead of concluding that the procedures were adhered to or not It is more important to evaluate how actual operations actually occurred.

Restaurant Records Must Have Their Own Interpretation

Restaurant investigations are challenging because employees split their attention between the preparation of beverages, food service as well as customer demands and managing the dining area. A restaurant expert witness is able to discuss the effects of these responsibilities on the choices made by employees during service.

Take a look at a dining-room situation involving the customer who purchased alcohol at the bar before moving to a table. The bar receipt can prove the initial purchase and the transaction records for dining room transactions show later orders.

However, the records may not establish the information that the table server had about the earlier service. Reviewing all the data such as the server’s assignments and times of transactions, along with management notes and employee declarations, can help to clarify the order of events. The key difference is: evidence that alcohol was purchased isn’t necessarily proof that the employee was aware of their intoxication.

Casino Investigations may require different records

Casinos have beverage programs that are different from the ones provided by restaurants. Complimentary drinks, mobile cocktail servers, gaming floor supervisors and extensive security procedures create further sources of information.

An expert witness from a casino can examine the assignments for staffing of beverages and surveillance footage, security reports and employees’ communication methods. The typical sales receipt might not be valid when complimentary drinks are involved.

In such a case the investigation could rely more heavily on available surveillance employees’ observations, employee records, and documenting procedures of the property. The expert should also be able to identify weaknesses in the evidence, rather than relying on an uncomplete record as proof of an incident.

You should keep the evidence up to the point that it is no longer available

The preservation of documents that are sensitive is an issue for litigation involving hospitality. Surveillance systems could keep recordings for only a short time. The details about employee schedules, internal communications and other information and incident documents are stored by different departments or by different systems. Attorneys need to identify relevant documents early and take the appropriate steps in order to safeguard these records.

The appropriate scope will depend on the allegations. The scope of the investigation will depend on the accusations. You can find relevant records through an investigation that is specific, not needing to presume that every department was 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. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to hotel, restaurant, and resort operators throughout the United States and internationally.

Expert witness testimony for both plaintiffs and defendants has covered issues related to resorts, casinos restaurant, hotels, and casinos. His operational knowledge is helpful in the interpretation of records that seem simple to someone not familiar with the management of hospitality.

A staffing plan is one example. It identifies who was given the task. To determine if those assignments were under the proper supervision requires understanding of the model of service for the property and operational conditions.

Clearness in your questions is the first step to an argument that is stronger

An early expert review can help attorneys identify unresolved and documented issues. It may also help identify what documents are worth seeking or clarifying the language used for depositions.

Some discrepancies are not indicative of a malfunction. Neither is every policy that shows the proper procedures were followed.

Expert analysis in hospitality is useful when it clarifies these distinctions using relevant evidence and well-known practices. Knowing the process prior to asking employees to answer questions in a hospitality case can help attorneys prepare a case with a more focused and credible examination.