A hotel incident report may be a couple of paragraphs. It identifies the guest and describes the disturbance, names the responding employees and also records the time management was notified.

As an attorney, that report could cause more questions than it can answer. Who was the manager of the employees that were implicated in this matter? Was surveillance footage preserved? Was the property following its procedures? Were there earlier interactions that never appeared in the reports?

These questions illustrate why it is important to review business records of every day use prior to testimony of witnesses in litigation involving hospitality.

Start With the Documents Created during normal operations

Companies in the hospitality sector keep records of scheduling, guest service along with security and management. Even though these documents weren’t made to aid in legal proceedings, they may help determine the way a 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. A written policy might require the manager to respond to any employee who has reported an intoxicated customer.

Examining whether or not the manager actually was working, whether or not the report was distributed and the response supported by evidence should be the primary objective. Instead of simply assuming that processes were not followed or not It is more important to find out what actually transpired.

There is a need for a separate analysis of the restaurant’s registers

Restaurant investigations are challenging because restaurant employees are required to split their time between cooking food and serving customers as well as managing the dining space. A professional witness in the restaurant industry can help show how decisions made by employees are influenced by these duties.

Take a look at a dining-room situation involving the customer who purchased alcohol at the bar, before making the move to a table. The bar receipt might document the first purchase while the restaurant transaction records might record subsequent purchases.

However, these documents may not be able to prove what the tableserver was aware of about the previous service. The combination of server assignments the time of transactions, managerial notes and employee communications will help to clarify the order. It is important to make a distinction: simply because alcohol was consumed does not mean that the employees were intoxicated.

Casino Investigations May Require Different Records

Casinos offer beverage services that differ significantly from conventional restaurant service. The addition of complimentary drinks cocktails, servers serving drinks on the gaming floor and security personnel are all sources of additional information.

A casino expert witness can look into beverage staffing, security footage, and surveillance videos. They can also look over protocols for employee communication. If drinks are offered in a free service, the traditional receipts for sales can be inadequate.

In these situations the investigation may rely on surveillance, employee observation service records, and other documented procedures. Experts must recognize the weaknesses of evidence instead of accepting insufficient records as proof.

Preserve the Evidence Before It is lost forever.

The preservation of records that are sensitive is a significant issue for the litigation of hospitality. The records from surveillance systems could be retained for a brief duration. Different departments or systems can archive employee calendars, internal communications as well as incidental documentation. Attorneys should be able to spot potentially relevant documents early and take appropriate steps to safeguard them.

It is contingent on the nature of the claim. For instance the restaurant might require restaurant and bar records. A resort-related incident could require event documentation as well as travel arrangements, or security communications. A focused review will help identify the relevant records without assuming every department played an important role.

The Paperwork is a Product of Operational Experience

Preston Rideout is a hospitality veteran with more than 20 years of experience. He has held roles in management, bartending, as well as beverage operations for multiple companies. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to the hotel, restaurant and resort owners in the United States and internationally.

He has been an expert witness in a variety of cases involving hotels, casinos, resorts and restaurants, for both the defense and plaintiffs. It’s helpful to have a background in hospitality management when interpreting documents that seem simple to those who aren’t experienced in the field.

A staffing schedule For instance, it identifies who was given the task. Understanding whether those assignments provided adequate supervision is dependent on knowing the service model of the facility and its operating conditions.

To build a stronger case Ask more pertinent questions

Early expert reviews help lawyers distinguish between documented and unresolved problems. It can help identify other records to request, define what the legal terminology is for depositions and determine which employee decisions require closer examination.

Not all discrepancies are indicative of an operational failure. Not every policy that shows the proper procedures were observed.

It is important to have an expert’s report that illustrates the distinctions made by utilizing established industry practices and relevant evidence. If lawyers are preparing cases involving hospitality, understanding the company prior to questioning its employees could lead to a more precise, reliable investigation of what actually happened.