An incident report for hotels could be just one or two paragraphs. The report details guests who were involved, outlines what happened, names people who responded, and also records when the management was informed.

For attorneys, this report could cause more questions than it addresses. Who was in charge of supervising the employees? Was surveillance footage preserved? Was the property following the rules? There were earlier interactions that never appeared in the reports?

These are the reasons why hospitality litigation often calls for an examination of regular business records before witness testimony commences.

Begin by reviewing the documents that were produced during normal operation

Hotels create documents for scheduling, training, guest service, security, and management. Although these documents weren’t necessarily made to aid in lawsuits, they can be used to identify how a place operated during a particular incident.

An expert witness in hospitality may review staffing schedules and operating procedures as along with employee training documents and logs of security as well as recordings from surveillance cameras to determine the duties that are given to each employee. As an example one policy may stipulate that the manager should react when an employee informs them of an intoxicated client.

Investigating whether or not the manager actually was working in the workplace, whether or not the report was properly communicated and the responses supported by evidence is the main objective. It is more important to assess actual operations as opposed to assuming that written directives were followed or not observed.

The interpretation of restaurant records can be different

Restaurant investigations pose challenges since employees divide their attention among the preparation of beverages, food service customers’ requests, managing the dining area. A restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.

Imagine a scenario in which the customer ordered drinks at the bar before being transferred to the table. The bar receipt could confirm the initial order while dining-room records will show the subsequent orders.

The records could not provide the server’s knowledge of the prior service. Looking at all the data together like server assignments and time-of-transactions as well as management notes and statements from employees, can help to clarify the order of events. There is a distinction to be made: the fact that alcohol was sold does not necessarily indicate that employees were aware of the presence of alcohol.

Casino Investigations can require different forms of documentation

Casino beverage programs are quite different from the ones of the typical restaurant. Cocktails with complimentary drinks, mobile servers, gaming-floor supervisors, and extensive security operations create further sources of information.

A Casino expert witness may review the beverage staffing arrangements, security reports, surveillance footage as well as the rules governing employee communications. The typical sales receipt might not be valid when complimentary beverages are involved.

In this case the investigation could be based more on surveillance, employee observation or service records as well as documented procedures. The expert needs to also recognize weaknesses in the evidence, rather than treating an incomplete document as evidence of a specific event.

Make sure you keep the evidence until it is no longer available

The preservation of documents that are time sensitive is a major concern when it comes to litigation that involves hospitality. Surveillance systems might keep records for a limited time. Employee schedules, internal communications as well as incident-related documentation could be kept in various systems or departments. Attorneys should identify and save documents that could be relevant as quickly as possible.

It’s all about the nature of the claim. For example the restaurant might require restaurant and bar records. A resort incident may require documentation for an event as well as travel arrangements, or security communications. The targeted reviews will help you determine what records are essential without assuming that every department was involved.

Operational Experience Aids in Explaining the Paperwork

Preston Rideout has worked in hospitality since 1996. He has experience in bartending, nightclub management, and multi-unit drinks operations. Through Rideout Hospitality Consulting, established in 2010, he has advised hotel, restaurant, and resort operators throughout the United States and internationally.

His work as an expert witness includes matters involving hotels, restaurants resorts, casinos and hotels for plaintiff and defense counsel. It is helpful to have an understanding of hospitality management to interpret documents that appear simple for those not familiar with the industry.

A staffing schedule, for example identifies the employees who were given the task of working. Knowing the model of service as well as the operational requirements of a facility is crucial to establish if these assignments provide appropriate supervision.

A Stronger Case Begins With Clarer Questions

Early expert reviews help lawyers identify unresolved and documented problems. It helps identify documents that should be requested and also define the terms employed in depositions.

It is not required to demonstrate that a written policy was followed if there are differences.

An expert analysis of hospitality is beneficial when it can explain these distinctions based on relevant evidence and industry-recognized practices. Attorneys preparing for a lawsuit can benefit from a thorough understanding of the company and its employees prior to examining them. This allows for an unbiased analysis of what transpired.