A hotel incident report could comprise only a few paragraphs. It includes the name of the guest, a description of the issue as well as the names of the people who were involved in the incident.

The report may raise multiple questions to an attorney. Who was the supervisor of the employees who were involved in this particular case? Was surveillance footage preserved? The property adhered to its own rules. Do you know of any prior interactions which were not documented?

These questions illustrate the reason why it’s often necessary to look over business records prior witness testimony in a hospitality lawsuit.

Begin by looking over the documents that were created in normal operations

Hotels create documents for scheduling, training guests service, scheduling, and administration. Although these records were not designed for use in litigation but they can be helpful in establishing how a property performed in the event of a specific incident.

A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to understand the responsibilities assigned to different personnel. A written policy could require the manager to respond to the employee who complains about an intoxicated client.

The investigation should determine if the manager was actually working and if the report was communicated, and what response the evidence reveals. Instead of inferring that procedures were adhered to or not, the goal is to assess how the actual operation actually occurred.

The interpretation of restaurant records can be different

Restaurant investigations pose challenges since employees divide their attention among food service, beverage preparation customers’ requests, the management of the dining room. An expert witness in the restaurant industry can help demonstrate how decisions made by employees are influenced by their responsibilities.

Imagine a dining room incident that involved the customer who purchased alcohol at the bar before changing tables. The bar receipt can be evidence of the initial purchase, whereas the table transaction records could reveal subsequent purchases.

However, these documents may not prove the knowledge of the tableserver about the previous service. Combining server assignments, transaction time, management notes, and employee records can help clarify the process. A key distinction is that the evidence of alcohol consumption does not necessarily mean that the employee was aware of their intoxication.

Casino Investigations may require different forms of documentation

Casinos offer beverage services that are different from those provided by restaurants. Complimentary drinks, mobile cocktail servers, gaming-floor supervisors, and extensive security operations create further sources of information.

A certified witness from a casino could review the assignment of staff to drink as well as surveillance video including security reports, employee communication protocols. The standard sales receipt may not be valid when complimentary beverages are involved.

In these situations an investigation may be heavily based on the surveillance, employee observation and service records, in addition to the documented procedures of the property. The expert must be able to spot any limitations in the evidence and not just accept an incomplete document.

Save the Evidence Prior to It becomes unavailable

The preservation of records that are sensitive is a significant issue for hospitality litigation. Certain surveillance systems can only store records for a specific period of time. Information about employee schedules, internal communications and other information along with incident-related documentation may be kept by different departments or even systems. Attorneys need to identify relevant records earlier and take appropriate steps to protect the records.

The nature of the investigation will depend on the type of accusations. A restaurant case may require bar and dining-room records, while a resort incident could need documentation for the event, transportation arrangements, and security communications. Targeted reviews help identify which records are important without presuming that all departments were involved.

The Paperwork is a Result of Operating Experience

Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held various positions in management, bartending and beverages operations in a variety of companies. Rideout Hospitality Consulting was established in 2010 and has provided advice to restaurant, hotel and resort operators throughout the United States.

He has served as an expert witness in cases involving resorts, hotels, casinos and restaurants for the defense and plaintiffs. The operational background is useful in interpreting records which might seem simple to someone who isn’t familiar with hospitality management.

A staffing schedule is one example. It identifies the employees given the task. Being aware of whether the assignments provide sufficient supervision requires an understanding of the service model of the facility and its operating conditions.

The ability to clearly state the issue is the initial step to stronger arguments

An early expert review can assist attorneys in separating established facts from ambiguous issues. It can help determine which records are worth requesting and define the terms employed in depositions.

It is not required to prove that a written policy was followed if there are divergences.

The value of hospitality expert analysis is in demonstrating these distinctions using relevant evidence and established industry practices. Understanding the procedure prior to asking employees to answer questions in a hospitality case can help attorneys prepare an argument that is more focused and credible examination.