The incident report for a hotel may be a short document with only a few words. The report identifies guests, details the disturbance, names the people who responded, and also records when the management was informed.

This report may bring up more questions for an attorney than it is able to solve. Who was responsible for supervising these employees? Was surveillance footage preserved? Did the property adhere to its established procedures? Did the property have earlier interactions not included in the report.

These questions show the need to look over business records prior to testimony of witnesses in litigation involving hospitality.

Begin With the Documents Produced during normal operations

The hospitality industry produces records for scheduling, training guests service, scheduling, and administration. While these records were not designed for use in litigation however, they can be useful in understanding how a business did during a particular incident.

A professional witness in hospitality may examine staffing schedules, and operating procedures as in addition to employee training files as well as security logs, and surveillance camera recordings to determine the responsibilities that are assigned to each employee. For instance A written policy could call for a supervisor to act to an employee who reports an drunken guest.

The investigation should establish whether the manager was actually working with the manager, whether the report was distributed, and what responses were provided in the evidence. Instead of simply assuming that processes were observed or not it is important to evaluate how actual operations were actually carried out.

There is an need for a distinct understanding of the restaurant’s record.

Restaurant investigations can be challenging as employees are split between food service, beverage preparation customers’ requests, the management of the dining room. A qualified witness in the restaurant industry will be able to show how decisions made by employees are affected by these responsibilities.

Imagine a scenario in which the client purchased alcohol from the bar and then moved to an area at a table. The bar receipt might document the initial purchase, and the transaction records for dining room transactions indicate later purchases.

The information in those records might not be revealing the server’s knowledge of the prior service. Examining the server assignments, transaction times, management notes, and employee statements together can help clarify the sequence. A distinction must be made that the fact that alcohol was available for sale doesn’t necessarily indicate that employees were aware of intoxication.

Casino Investigations may require different forms of documentation

Casinos offer beverage services that can differ substantially from traditional restaurant services. Other sources of information are free drinks, mobile cocktail servers and gaming floor supervisors.

A certified witness from a casino can look over the staffing assignments for beverages as well as surveillance video, security reports and employee communications procedures. The standard sales receipt may not be accurate when complimentary beverages are involved.

In such a case the investigation may rely more on surveillance, employee observation as well as service records and documented procedures. The expert also needs to recognize shortcomings in the evidence instead of taking an insufficient document as evidence of an incident.

Conserve the Evidence before It Does Not Remain Available

The preservation of records that are sensitive is a real concern in hospitality litigation. Surveillance systems can keep records for only a short time. Employee schedules, internal communications, and incident records may be archivalized in different departments or in different systems. Attorneys should identify and save the records that may be pertinent as soon as they can.

It is contingent on the type of claim. The scope of an investigation will depend on the allegations. A targeted review can identify what records are essential and not assume that all departments are involved.

The paperwork is the result of Operating 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 provided recommendations to restaurants, hotels and resort operators across the United States.

Expert witness testimony for plaintiffs and defendants has covered matters that involved resorts, casinos and restaurants as well as hotels. It is helpful to have a background in hospitality management for interpreting documents that seem straightforward to those who aren’t familiar with the industry.

Staffing schedules, like you can identify the person who was given the task. To determine if those assignments were appropriate you should know the service model of the property and its operating conditions.

A stronger case starts with Simpler Questions

An early expert review will help attorneys to distinguish between documents and unresolved issues. It may help identify which documents are worth seeking or clarifying the language employed in depositions.

It is not required to prove that a written policy was followed when there are contradictions.

It is the significance of an expert’s report that illustrates the distinctions made by utilizing established practice in the field and supporting evidence. Understanding the operation prior to asking employees to answer questions in a hospitality matter can help lawyers prepare the case for a more precise and reliable examination.