A hotel incident report could contain only a few paragraphs. It will include the name of the guest, the description of the incident, as well as the names of the staff members who responded.

The investigation could bring up more than one question to an attorney. Who was the supervisor of the employees who were involved in this particular case? Was surveillance footage preserved? Did the property follow its established guidelines? Are there any previous interactions that were not recorded in the reports?

These issues illustrate why hospitality litigation often requires an examination of ordinary documents of business before witness testimony begins.

Start With the Documents Created During Normal Operations

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

A Hospitality expert witness could review staffing schedules and operating procedures, employee training documents, security logs and recordings of surveillance to determine the responsibilities given to different personnel. A written policy might require that the manager take action to the employee who complains about an intoxicated customer.

Investigating the incident should determine whether the manager was involved, if the report was issued, and based on the evidence, what the reaction was. Instead of assuming that procedures were followed or ignored The goal is to evaluate how actual operations were actually carried out.

The interpretation of restaurant records may be different

Restaurant investigations can be difficult due to the fact that employees have to divide their time between food preparation and serving customers as well as managing the dining area. An expert witness from the restaurant industry can clarify how the decisions of employees are influenced by these duties.

Take a look at an incident that occurred in the dining room that involves the patron who bought alcohol at the bar prior to settling into the table. The bar receipt could document the initial order, while dining-room records will show the more recent orders.

But, these records may not reveal what the server at the table knew about the earlier service. Combining the server assignments and transaction times, as well as management notes and employee communications can help clarify the process. A distinction needs to be made The fact that alcohol was sold doesn’t automatically indicate that employees were aware of intoxication.

Casino Investigations may require different documents

Casinos have beverage programs that differ from those offered by restaurants. The additional drinks that are complimentary, cocktail servers on the gaming floor, and security personnel can provide additional information.

An expert witness from a casino can look into beverage staffing, surveillance footage and security reports. They can also look over protocols for employee communication. Traditional sales receipts can be insufficient when drinks are offered for free.

In these circumstances, an investigation might depend heavily on surveillance, employee observation and service records as well as the documented procedures of the property. Experts must be aware of the weaknesses of evidence rather than relying on insufficient data as evidence.

You should keep the evidence up to the point that it’s no more available

One of the main concerns in litigation involving hospitality is the preservation of time sensitive records. Certain surveillance systems only preserve records for a specific period of time. Employee schedules, internal communications, and incident documents may be kept in various departments or systems. Attorneys must be aware of relevant documents and implement the appropriate actions early.

The appropriate scope will depend on the allegations. For example the restaurant might require documents for the dining room or bar. A resort incident might require event documentation and travel arrangements or security communication. Targeted reviews help identify what records are essential and not 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 the year 2010 and has offered assistance to hotel, restaurant and resort operators throughout the United States.

Expert witness testimony for both plaintiffs as well as defendants has involved matters involving casinos, resorts, restaurants, and hotels. That operational background is useful in the interpretation of records that seem straightforward to someone who is not familiar with hospitality management.

A schedule of staffing includes, for instance, those designated to work. The service model and the operational environment of a building is vital to determine if these assignments provide appropriate supervision.

A Stronger Case Begins With Simpler Questions

An early expert review will help lawyers distinguish the documented facts from unresolved issues. It may help identify which documents merit requesting or clarifying the terminology employed in depositions.

It is not necessary to prove that a policy written was adhered to if there are contradictions.

The value of expert analysis is to explain the distinctions with relevant evidence and accepted industry practices. Attorneys preparing for a hospitality lawsuit could benefit from understanding the company and its employees before interviewing them. This will permit an in-depth analysis of what transpired.