An incident report for a hotel might only be one or two paragraphs. It includes the name of the guest, the description of the issue and the names of the personnel who attended to the incident.

The investigation could bring up more than one question for an attorney. Who was the person in charge of the employees in this case? Was surveillance footage preserved? The property had its own procedure. Did previous interactions occur that were not recorded in the reports?

These questions demonstrate why it is often necessary to study business records before witness testimony in a lawsuit regarding hospitality.

Begin with the documents that are created during normal operations

Businesses that operate in the hospitality industry create records for scheduling, training guests, guest service, security, and management. While these records weren’t created for lawsuits, they can be used to establish how a property functioned during an incident.

An expert witness in the field of hospitality may examine staffing schedules, and operating procedures as also employee training records, logs of security, and surveillance camera recordings to determine the roles that are assigned to each person. For instance an established policy could require a manager to respond when an employee has a complaint about an intoxicated guest.

Investigating whether or not the manager actually was working, whether or not the report was properly communicated and the response supported by evidence should be the goal. It is far more crucial to examine the actual performance of the operation rather than to presume that written instructions were adhered to or not respected.

The interpretation of restaurant records can be different

Restaurant investigations pose challenges since employees are split between the preparation of beverages, food service, customer requests, and dining-room management. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make when they serve.

Take a look at an incident that occurred in the dining room involving a patron who purchased drinks at the bar prior to taking a seat. The bar receipt could record the order at first, while records for dining rooms will reflect the later orders.

But, these records might not confirm the knowledge of the tableserver about the previous service. Combining the server assignments, transaction time, management notes, and employee records will help to clarify the order. One important point to remember is: the evidence of alcohol consumption does not mean that the staff member was intoxicated.

Casino Investigations Might require a different set of records

Casinos offer beverage services that differ significantly from traditional restaurant services. Drinks are free, there are mobile cocktail servers, gaming floor supervisors and extensive security operations create further sources of information.

A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. Traditional sales receipts may be insufficient when drinks are offered for free.

In these situations, an investigation might depend on surveillance evidence, observations of employees and service records as well as the documented procedures of the building. The expert should also be able to identify any flaws in the evidence and not accept a partial record.

Keep the evidence in place until it’s no longer available

Conserving documents with time-sensitive information is a crucial consideration in the context of litigation related to hospitality. Surveillance systems can keep records for only a short time. Different systems or departments may archive employee calendars, internal communication, and incident documents. Attorneys should be able to spot potentially relevant documents early and take appropriate steps to secure them.

The scope of the necessary investigation is contingent upon the allegations. For example, a restaurant may need documents for the dining room or bar. A resort incident may require documentation for an event, travel arrangements, or security communication. A focused review will help identify which records are relevant without presuming that every department had a function.

Understanding the paperwork is easier when you have experience in the field.

Preston Rideout, a hospitality professional since 1996, is experienced in nightclub management and bartending as well as multi-unit beverage operations. Rideout Hospitality Consulting is a company he founded in 2010. He has provided advice to on resort, restaurant, and hotel operators throughout the United States.

He has been an expert witness in a variety of cases involving resorts, hotels, casinos as well as restaurants for plaintiffs’ and defense counsel. This background in operations can be beneficial in the interpretation of records that might seem simple to someone who is not experienced in hospitality management.

A list of staffing plans includes, for instance, the people who were designated to work. Knowing the model of service as well as the operational environment of a building is crucial to establish if these assignments will provide the appropriate supervision.

A better case for your argument starts with Clearer Questions

Early review by experts can assist attorneys in separating established facts from ambiguous issues. The review can reveal additional records that are worth seeking, clarify the how depositions are conducted, and determine which employee decisions need closer scrutiny.

It is not necessary to demonstrate that a written policy was followed when there are differences.

The value of expert analysis is in demonstrating the distinctions with relevant evidence and established industry practices. Attorneys who are preparing for a hospitality lawsuit will benefit from knowing the operations and their employees prior to interviewing them. This will allow a more focused examination of what happened.