An incident report for the hotel could only be several paragraphs. It identifies the guest as the source of the incident, describes the incident, names the responding employees, and records the time management was notified.

This report may bring up more questions for attorneys than it will be able to provide an answer. Who was the manager of the employees that were implicated in this particular case? Was surveillance footage preserved? Did the facility follow its established guidelines? There were earlier interactions which were not reflected in the report?

These are the reasons why litigation involving hospitality often calls for an examination of regular business records before testimony of witnesses begins.

Start by reviewing the documents that were made in normal business operations.

The hospitality industry’s businesses keep records of scheduling, guest service as well as security, training and management. These records were not always made for litigation but they can be used to prove how the property operated during an 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. As an example one policy may state that the manager must react when an employee is notified of an intoxicated client.

In the course of investigating the incident, it is important to determine whether the manager was in charge and if a report was made, and in light of the evidence, what the response was. Instead of inferring that procedures were adhered to or not The goal is to assess how the actual operation actually transpired.

Restaurant Records Need Their Own Interpretation

Restaurant investigations can be challenging as employees split their attention between food service, beverage preparation as well as customer demands and the management of the dining room. An expert witness from the restaurant will explain how these duties influence the choices employees make when they serve.

Think about an incident in the dining room involving someone who bought alcohol at the bar prior moving to an area to sit. The bar receipt could document the purchase made at the bar, while table transaction records could reveal subsequent purchases.

However, the records may not establish what the server at the table knew about the previous service. Reviewing all the data like server assignments and transaction times as well as management notes and statements from employees can help to understand the order of events. One important point to remember is: the evidence of alcohol consumption does not mean that the employee was aware of their intoxication.

Casino Investigations can require different forms of documentation

Casinos run beverage programs which can be quite different from the standard restaurant service. Complimentary drinks, mobile cocktail servers, gaming floor supervisors and extensive security operations create other sources of information.

An expert witness from a casino can review the assignment of staff to drink and surveillance footage as well as security reports and employee communications procedures. The conventional sales receipt may not be correct when complimentary beverages are being served.

In such circumstances an investigation may rely heavily on the surveillance available, employee observations and service records, as well as the procedures that are documented for the building. Experts must be aware of the limitations of evidence, instead of relying on incomplete records as proof.

Save the Evidence Prior to It Does Not Remain Available

One issue that can arise in litigation involving hospitality is the protection of time-sensitive records. Certain surveillance systems only preserve records for a specific period of time. Information about employee schedules, internal communications and other information as well as incident records can be stored by different departments or by different systems. Attorneys need to identify relevant documents early and take appropriate steps to protect them.

It’s dependent on what the claim is. The scope of an investigation will depend on the accusations. A targeted review helps establish what records are important without taking for granted that every department played an important function.

Making sense of paperwork is much easier when you have operational experience

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

His work as an expert witness includes matters involving restaurants, hotels resorts, casinos, and restaurants for plaintiff and defense counsel. This background in operations can be useful in interpreting records which appear straightforward to someone who is not familiar with hospitality management.

Staffing schedules, for example to identify who has been assigned to work. To determine if these assignments were proper it is necessary to understand the service model of the facility and its operational conditions.

To help build a stronger case, ask better questions

A quick review by an expert can assist attorneys in separating evidence-based facts from issues that remain unresolved. It will help identify documents that are worthy of requesting and help clarify the terminology employed in depositions.

It is not necessary to demonstrate that a written policy was followed in the event of contradictions.

The benefit of expert analysis is in demonstrating these distinctions using relevant evidence and industry-wide practices that are well-known. For attorneys preparing a hospitality case, understanding the operations prior to questioning employees can lead to a more focused, credible examination of what actually occurred.