The incident report for a hotel may only contain a few sentences. The report will contain the name of the guest, a description of the incident, as well as the names of the personnel who attended to the incident.

For an attorney, that report can bring more questions than it can answer. Who was responsible for supervising these employees? Was surveillance footage preserved? Did the facility follow its standard procedures? Were there earlier interactions that weren’t recorded in the reports?

These questions illustrate the reason why hospitality litigation typically necessitates an examination of standard business records prior to when witness testimony commences.

Start by reviewing the documents created in normal operations

The hospitality industry’s businesses keep records of guest service, scheduling guest service, training, security and management. Even though these documents were not designed to be used in court, they are useful for establishing how a property performed in the event of a specific incident.

An expert witness in the field of hospitality might review staffing plans and operating procedures as well as employee training files as well as security logs, and surveillance camera recordings to determine the roles that are assigned to each employee. For instance, a written policy might call for a supervisor to act to an employee who reports an intoxicated guest.

Investigating the incident should determine whether the manager was involved or if the report was made, and in light of the evidence, what the response was. It is much more important to look at actual actions instead of assuming that written directives were followed or not observed.

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

The investigation process in restaurants is difficult because restaurant employees are required to split their time between cooking food, serving customers, and managing the dining room. A Restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.

Imagine a dining room incident that involved an individual who had ordered drinks at the bar, before taking a seat at a table. The bar receipt can be proof of the initial purchase, while the records of dining-room transactions will show subsequent orders.

The information in those records might not be revealing what the server was aware of about the previous service. By examining all of the data such as server assignments and time-of-transactions, along with management notes and employee statements could help in determining the sequence. The key difference is: evidence that alcohol was purchased isn’t necessarily proof that the staff member was intoxicated.

Casino Investigations May require different documents

Casino beverage programs can be very different from those of the traditional restaurant. Other sources of information include complimentary drinks serving mobile cocktails, mobile cocktail servers as well as gaming floor supervisors.

An expert witness from a casino could look over the staffing assignments for beverages as well as surveillance video including security reports, employee communication protocols. Traditional sales receipts might not provide a complete account when drinks are provided for free.

In these circumstances the investigation might rely more heavily on surveillance records, employee observations, service records, and the documenting procedures of the property. The expert should also be able to identify any weaknesses in the evidence, rather than treating an incomplete record as proof of an incident.

Keep the evidence in place until it’s unavailable

Conserving documents with time-sensitive information is a significant concern in the context of litigation that involves hospitality. Certain surveillance systems only preserve recordings for a specified period of time. Information regarding employee schedules, internal communications and other information and incident documents could be stored by various departments or by different systems. Attorneys must identify pertinent records and take the appropriate steps early.

It’s all about the type of claim. The extent of an investigation will depend on the accusations. A specific audit helps determine what records are important without having to assume that all departments played a function.

The Paperwork is a result of operational experience

Preston Rideout has worked in hospitality since 1996. He has expertise in bartending, nightclub management, and multi-unit drinks operations. Rideout Hospitality Consulting was established in 2010 and has provided advice to restaurant, hotel and resort owners across the United States.

His expert witness work involves matters involving restaurants, hotels, resorts, and casinos for defense and plaintiff counsel. It’s useful to have an understanding of hospitality management to interpret documents that seem straightforward to those who aren’t familiar with the industry.

A staffing plan, for instance, identifies who was given the task. To determine if those assignments were under the proper supervision requires understanding of the model of service for the property and operational conditions.

To help build a stronger case, ask better questions

An early expert review can help attorneys discern between documented and unresolved problems. It will help identify documents that are worth requesting and define the operational terms employed in depositions.

There are many reasons why discrepancies may not be indicative of a malfunction. Not every procedure that proves that the right procedure was followed.

It is the significance of an expert’s analysis which demonstrates these distinctions using accepted practice in the field and supporting evidence. For attorneys preparing an investigation into hospitality, knowing the company prior to questioning its employees can result in a more precise, reliable investigation of what actually happened.