An incident report for hotels could be just a few paragraphs long. The report identifies the guests, explains the disturbance, names the personnel who responded, and records when management was notified.

This report could raise more questions for attorneys than it will be able to provide an answer. Who was accountable for supervising these employees? Was surveillance footage preserved? Did the facility follow its prescribed procedures? Are there any interactions that occurred prior to the property that were not reported?

These issues illustrate the reason why hospitality litigation typically necessitates an examination of standard documents of business before witness testimony commences.

Start with the documents created during normal operations

The hospitality industry’s businesses keep records of scheduling, guest service security, training, and management. Although these documents weren’t necessarily created for litigation, they could help identify how a place operated in the event of a specific incident.

A hospitality expert witness will examine the staffing schedules as well operating procedures, the employee’s training records as well as security logs and surveillance recordings in order to better understand what responsibilities are delegated to what employees. For instance the policy could specify that the supervisor must react when an employee informs them of an intoxicated client.

The investigation should establish whether the manager was working or if the report was sent, and according to the evidence, what the response was. The goal is to analyze actual operations rather than assume that written guidelines were implemented or not.

There is an need for a distinct understanding of the restaurant’s record.

Restaurant investigations can be challenging as employees are split between food service, beverage preparation as well as customer demands and dining-room management. An expert witness for Restaurants can explain how these responsibilities influence the decisions that employees make during service.

Take a look at a dining-room situation involving the customer who purchased alcohol at the bar, before changing tables. The bar receipt could be proof of the initial purchase, while the dining-room transaction records show later orders.

The records could not provide what the server knew of the previous service. Combining the server assignments and transaction times, as well as management notes, and employee declarations could help in determining the sequence. It is essential to keep the distinction that the fact that alcohol was purchased does not mean that staff noticed intoxication.

Casino Investigations Can Require Different Records

Casinos offer beverage services that are different than those that are offered by restaurants. The additional drinks that are complimentary as well as cocktail servers at the casino floor and security personnel are all sources of additional information.

A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. The traditional sales receipt may not be accurate when complimentary beverages are involved.

In such a case the investigation will rely on surveillance data employees’ observations, employee records, and the process of the property’s documents. Experts should be aware of the limitations of evidence, instead of relying on incomplete records as evidence.

Be sure to save the evidence before it’s no longer available

The preservation of records that are sensitive is a practical concern in hospitality litigation. Surveillance systems might keep records for short periods. Employee schedules, internal communications, and incident documentation may be kept in different departments or in different systems. Attorneys need to identify and archive any relevant records as quickly as is possible.

The required scope is determined by the accusations. For example restaurants may require documents for the dining room or bar. An incident at a resort could require documentation for an event such as travel arrangements or security communication. The targeted reviews will help you determine which documents are necessary without assuming that every department is involved.

The Paperwork is a result of the Operational Experience

Preston Rideout has worked in hospitality since 1996, with previous experience in bartending and nightclub management, and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010 he has advised restaurant, hotel, and resort operators across the United States and internationally.

He has served as an expert witness in trials involving resorts, hotels, casinos and restaurants for the defense and plaintiffs. It’s beneficial to have an understanding of hospitality management when interpreting documents that seem straightforward to those who aren’t familiar with the business.

Staffing schedules, for example you can identify the person who was assigned to work. Understanding the model of service and operational conditions of a property is vital to determine if these assignments provide appropriate supervision.

To make a more convincing case and build a stronger case, you must ask better questions.

An early expert review will aid attorneys in distinguishing between the facts that are documented and those that remain unanswered. It can identify records that should be requested and also clarify the terminology used in depositions.

Some discrepancies are not indicative of a malfunction. There isn’t a single policy that proves the correct procedure was implemented.

It is the importance of an expert’s analysis which demonstrates these distinctions using accepted industry practices and relevant evidence. Attorneys who are preparing for a hospitality lawsuit can benefit from understanding the company and its employees prior to interviewing them. This allows for an unbiased review of the events that occurred.