The hotel incident report could just be a few paragraphs. It is a record of the guest’s name, describes a disturbance and names the employees who responded and details the time the management was informed.

This report may raise more questions for an attorney than it could answer. Who was the supervisor of the employees involved in this matter? Was surveillance footage preserved? Did the property follow its prescribed procedures? Did the property have earlier interactions not included in the report.

These questions show why it is often necessary to review business records prior to when witness testimony in a hospitality lawsuit.

Start with the documents created during normal operations

Hospitality businesses generate records for training, scheduling guests service, scheduling and management. Although they weren’t intended for legal proceedings, they may help determine how a facility performed in the aftermath of an incident.

An expert witness in hospitality may examine staffing schedules, and operating procedures, as in addition to employee training files or logs of security and recordings from surveillance cameras to determine the duties that are assigned to each individual. As an example, an official policy might specify that the supervisor must react when an employee informs them of an intoxicated client.

The investigation into whether or not the manager was actually working, whether or not the report had been communicated and the response confirmed by the evidence should be the primary objective. The objective is to assess the actual operation rather than assuming that written procedures were either adhered to or not followed.

Restaurant Records require their own Interpretation

Restaurant investigations pose challenges since employees divide their attention among the preparation of beverages, food service the customer’s requests and the management of the dining room. An expert witness from the restaurant can explain how these responsibilities impact the choices that employees make when they serve.

Imagine that a client ordered alcohol from the bar and then transferred to an area at a table. The bar receipt might prove the initial purchase while the records of dining-room transactions record later purchases.

However, those records might not establish what the server at the table knew about the prior service. Reviewing all the data such as the server’s assignments and times of transactions together with the management’s notes and statements from employees, can help to clarify the process. A distinction needs to be made that the fact that alcohol was offered for sale does not indicate that employees were aware of intoxication.

Casino Investigations may require different records

Casino beverage programs are quite different from the ones of the typical restaurant. Free drinks, mobile cocktail servers, gaming floor supervisors and extensive security operations create additional sources of information.

A Casino expert witness may examine beverage staffing assignments, surveillance footage, security reports and employee communication. Traditional sales receipts may give an inaccurate account if drinks are offered for free.

In such circumstances an investigation can depend heavily on surveillance evidence, observations of employees and service records as well as the documented procedures of the property. The expert should also be able to identify weaknesses in the evidence, instead of taking an insufficient record as proof of a specific event.

Save the evidence until it’s no longer available

One of the main concerns in hospitality litigation is the protection of time-sensitive records. Surveillance systems can keep records for short periods. The information about employee schedules and internal communication as well as incident documentation could be stored by various departments or systems. Attorneys should identify potentially relevant records earlier and take appropriate steps to safeguard them.

It depends on the type of claim. For example an establishment may need documents for the dining room or bar. A resort-related incident could require documentation for an event, travel arrangements, or security communication. Specific reviews can help determine the records that are crucial without assuming that all departments were involved.

The Paperwork is a Product of Operational Experience

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 since provided advice to restaurant, hotel and resort operators throughout the United States.

Expert witness testimony for plaintiffs and defendants has included issues involving resorts, casinos restaurant, hotels, and casinos. That operational background is useful in the interpretation of records that appear straightforward to someone unfamiliar with hospitality management.

Staffing schedules, like determine who was given the task. To determine whether the assignments were proper it is necessary to understand what the service model is of the property and its operating conditions.

Clarity in questions is the initial step to a more convincing argument

Early expert review assists attorneys distinguish between documented and unresolved problems. It could help identify which documents are worth seeking or clarifying the terminology employed in depositions.

Every discrepancy is not an operational issue and not every written policy shows that proper procedures were followed.

Expert analysis in hospitality is beneficial when it clarifies these distinctions based on relevant evidence and practices that are widely accepted by the industry. Understanding the business before asking employees to answer questions in a hospitality case can help attorneys prepare a case with a more precise and credible investigation.