The hotel incident report could comprise only a few sentences. It is a record of the guest’s name and describes the disturbance and names the employees who responded and records the date management was notified.

For an attorney, that report could be more complicated than it addresses. Who was the supervisor of the employees involved in this particular case? Was surveillance footage preserved? The property had its own procedure. Did the property have previous interactions that were not recorded in the report.

These issues illustrate why hospitality litigation usually necessitates an examination of standard documents of business before witness testimony begins.

Start with the documents created During Normal Operations

Documents are kept by hospitality businesses to plan guest services, training of staff, security, management, and more. These records were not always created for court proceedings, but they may be used to document the operation of the establishment during an incident.

An expert witness in hospitality could review the staffing schedules and operating procedures as well as employee training files and logs of security as well as recordings from surveillance cameras to determine the duties that are assigned to each person. As an example one policy may state that the manager must respond when an employee reports an intoxicated client.

The investigation into whether or not the manager was actually working, whether or not the report was properly communicated and the reaction evident from the evidence available should be the primary objective. The objective is to assess actual actions rather than to assume that written guidelines were implemented or not.

Restaurant Records require their own Interpretation

Restaurant investigations are challenging due to the fact that employees have to divide their time between cooking food serving customers, as well as managing the dining area. A qualified witness in the restaurant industry can show how decisions made by employees are influenced by their responsibilities.

Imagine a situation in which the client purchased alcohol at the bar, and later transferred to tables. The bar receipt might document the initial purchase, while restaurant transaction records might reveal subsequent purchases.

However, those records might not provide a clear picture of the information that the table server had about the prior service. Combining the server assignments and transaction times, as well as management notes, and employee declarations could help in determining the sequence. A distinction must be made The fact that alcohol was sold doesn’t automatically mean that staff members recognized the presence of alcohol.

Casino Investigations May require different documents

Casinos operate beverage programs which differ from traditional restaurant services. The addition of complimentary drinks as well as cocktail servers on the gaming floor, and security personnel can provide additional information.

A casino expert witness could look into beverage staffing, security reports and surveillance footage. They may also review protocols for employee communication. When beverages are provided as a complimentary service, the receipts from sales traditionally are insufficient.

In those circumstances the investigation might rely more heavily on surveillance records employees’ observations, employee documentation, and even the procedure for the property’s documentation. Experts must identify the weaknesses of evidence instead of accepting insufficient records as proof.

Make sure you save the evidence prior to when it’s unavailable

One issue that can arise in hospitality litigation is the protection of time sensitive records. Surveillance systems may retain recordings for a limited time. Different departments or systems can archive employee schedules, internal communication and incidental documents. Attorneys must identify any relevant documents early and take the appropriate steps in order to secure them.

The scope of the investigation varies on the type of allegations. The scope of an investigation will be contingent on the allegations. The targeted reviews will help you determine which records are important without presuming that every department is 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. Through Rideout Hospitality Consulting, established in 2010, he has consulted the hotel, restaurant and resort operators in the United States and internationally.

Expert witness testimony on behalf of plaintiffs and defendants has covered issues related to resorts, casinos restaurant, hotels, and casinos. This knowledge of operations is beneficial in the interpretation of records that appear straightforward to someone who isn’t familiar with hospitality management.

A staffing schedule For instance, it identifies the employees given the task. Understanding the model of service and operational conditions of a property is essential to know if the assignments are supervised in a proper manner.

A more convincing case begins with Simpler Questions

Early expert review will help lawyers distinguish the documents from unresolved issues. It may help identify which documents are worth seeking or clarifying the terminology that is used in depositions.

Some discrepancies are not indicative of an operational issue. Neither is every procedure that proves that the right procedures were observed.

It is the value of an expert’s assessment that shows these distinctions using established best practices in the industry and evidence. Attorneys who are preparing for a hospitality lawsuit could benefit from understanding the business and its staff before conducting an interview with them. This will enable a more focused investigation of what happened.