The incident report for a hotel may just be a few paragraphs. It will include the name of the guest, the description of the disturbance and the names of the personnel who attended to the incident.

The report could raise multiple issues to an attorney. Who was in charge of supervising these employees? Was surveillance footage preserved? The facility adhered to its own rules. Are there any previous interactions which were not reflected in the report?

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

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

The hospitality industry’s businesses keep records of guest service, scheduling guest service as well as security, training and management. These records weren’t necessarily intended for litigation however they can be used to determine how the property operated during an incident.

A professional witness in hospitality will review the schedules of staffing as well as operating procedures, documents for employee training, security logs and monitoring recordings in order to better know what duties are assigned to which personnel. For instance the policy could state that the manager must respond when an employee reports an intoxicated client.

Examining the incident will determine if the manager worked, if the report was submitted, and, from the evidence what the manager’s response was. The objective is to assess actual actions rather than to assume that the procedures written down were observed or not.

The interpretation of restaurant records may be different

The employees are split between the catering, beverage prep customer demands and dining-room management. This presents a problem for restaurant investigations. An expert witness in the restaurant industry can show how decisions made by employees are affected by these responsibilities.

Consider a dining-room incident involving a customer who ordered alcohol at the bar before taking a seat at a table. The bar receipt might document the initial purchase, and the transaction records for dining room transactions will show subsequent orders.

Those records may not reveal what the server’s information was about the previous service. Examining server assignments, transaction times notes of management and employee records together can aid in understanding the sequence. There is a distinction to be made that the fact that alcohol was available for sale doesn’t necessarily mean that staff members recognized intoxication.

Casino Investigations may require different records

Casinos have drink programs which are distinct from the ones that are offered by restaurants. Drinks are free, there are mobile cocktail servers, gaming-floor supervisors, and extensive security operations create other sources of information.

An expert witness from a casino can review beverage staffing, surveillance footage and security reports. They could also examine protocols for employee communication. If the beverages are offered as a complimentary service traditional sales receipts may be insufficient.

In this case, the investigation could rely more heavily on surveillance, employee observation, service records and documented procedures. The expert also needs to recognize limitations in the evidence instead of relying on an insufficient record as proof of an event.

Save the Evidence Prior to It becomes unavailable

One of the main concerns in the hospitality litigation field is the preservation of time-sensitive records. Surveillance systems may retain recordings for short periods. Different departments or systems can keep employee schedules, internal communications, and incident documents. Attorneys must identify any relevant records early and take the appropriate steps in order to preserve the records.

The scope of the investigation varies on the nature of the accusations. A restaurant claim may require documents for the dining room and bar for instance, while a resort event may require event documentation transport arrangements, as well as security communications. You can determine relevant documents by performing a targeted review, without being required to assume that all departments were involved.

Operational Experience Helps Explain the Paperwork

Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has provided assistance to hotel, restaurant and resort operators throughout the United States.

His expert witness work includes matters that involve hotels, restaurants resorts, casinos, and resorts for defense and plaintiff attorneys. This knowledge of operations is beneficial in the interpretation of records that may seem straightforward to someone who isn’t familiar with hospitality management.

Staffing schedules, for example, identify who has been given the task. The service model and operational conditions of a property is necessary to determine whether these assignments will provide the appropriate supervision.

Clarity in questions is the first step towards stronger arguments

An early expert review can help attorneys distinguish evidence-based facts from issues that remain unresolved. It can identify records that are worthy of requesting and help define the operational terms employed in depositions.

Each discrepancy does not indicate an operational flaw, and not every written policy demonstrates that the proper procedures were followed.

An expert analysis of hospitality is helpful in demonstrating these distinctions using relevant evidence and industry-recognized practices. Understanding the procedure prior to asking employees to answer questions in a hospitality case can help attorneys prepare an argument that is more precise and reliable examination.