An incident report for an establishment could be only several paragraphs. It identifies the guest as the source of the incident, describes the incident that occurred, names the respondent employees and records the date management was notified.

This report could raise more questions for attorneys than it is able to provide an answer. Who was the manager of the employees that were implicated in this matter? Was surveillance footage preserved? Did the facility follow its prescribed procedures? Did the property experience any prior interactions that were not recorded in the report.

These questions show the need to look over business records prior to testimony of witnesses in litigation involving hospitality.

Begin with the Documents that were created in Normal Operation

Companies in the hospitality sector maintain records of scheduling, guest service along with security and management. Although they weren’t created for litigation, they can help identify how a place operated during an incident.

An expert witness in hospitality will review the schedules of staffing as well operating procedures, employees’ training records, security logs and surveillance recordings to be aware of the responsibilities delegated to what employees. For example A written policy could have a manager respond to an employee’s report of an intoxicated guest.

The investigation should establish whether the manager was working, if the report was submitted, and, based on the evidence, what the response was. It is far more crucial to look at actual actions than to presume that the written instructions were followed or not observed.

Restaurant records require their own Interpretation

Restaurant investigations present challenges because employees split their attention between food service, beverage preparation the customer’s requests and managing the dining area. A Restaurant expert witness will explain how these duties influence the choices employees make during service.

Imagine a situation in which a client ordered alcohol from the bar and then moved to a table. The bar receipt will document the initial order, and the records from the dining room will record the subsequent orders.

However, the records may not reveal the information that the table server had about the prior service. Combining server assignments, transaction time, management notes and employee communications can clarify the sequence. An important distinction remains: the fact that alcohol was bought does not mean that the employee was aware of their intoxication.

Casino Investigations may require different records

Casinos have beverage programs that can differ substantially from traditional restaurant services. Additional sources of information include complimentary drinks as well as mobile cocktail servers, and gaming floor supervisors.

A Casino expert witness can review beverage staffing assignments, surveillance footage, security reports and employee communication. The conventional sales receipt may not be correct in the event of complimentary beverages.

In these circumstances an investigation can depend on surveillance records, employee observations and service records, as well as the procedures that are documented for the facility. Experts should be aware of the weaknesses of evidence rather than accepting incomplete records as proof.

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

Preserving time-sensitive documents is an important concern in litigation which involves hospitality. Certain surveillance systems only preserve records for a specific period of time. The information about employee schedules and internal communications and incident documents may be kept by different departments or even systems. Attorneys should be able to spot potentially relevant records earlier and take the necessary steps to secure the records.

The scope of the investigation depends on the type of allegations. For instance the restaurant might require documents for the dining room or bar. An incident at a resort could need documentation of the event and travel arrangements or security communications. You can locate relevant records through an examination that is targeted, without having to assume that all departments were involved.

Operations Experience Helps Explain 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 he has advised restaurant, hotel, and resort operators throughout the United States and internationally.

Expert witness testimony in favor of plaintiffs and defendants has encompassed matters that involved resorts, casinos, restaurants, and hotels. It’s beneficial to have a background in hospitality management when interpreting documents that appear simple to those who aren’t familiar with the business.

A schedule of staffing is a good example. It lists the people who were designated to work. To determine whether the assignments were appropriate you must know the service model of the property and its operating conditions.

Clarity in questions is the initial step to a stronger argument

A thorough review of the expert’s work will aid attorneys in distinguishing between documents and unresolved issues. It can help determine which documents are worthy of requesting, or clarifying the terminology that is used in depositions.

There are many instances of an operational failure or a lack of written policy demonstrates that the proper procedures were adhered to.

It is the importance of an expert’s report that illustrates the distinctions made by utilizing established business practices and pertinent evidence. If lawyers are preparing an investigation into hospitality, knowing the company prior to questioning its employees can lead to clearer, more accurate review of the actual events.