The hotel incident report may only contain a few sentences. The report lists guests, details the incident, identifies the people who responded, and records when management was notified.

This report could raise more questions for attorneys than it can solve. Who was responsible for supervising the employees? Was surveillance footage preserved? Did the property follow established procedures? Are there any interactions that occurred prior to the property that weren’t reported?

These questions show the reason why it’s often necessary to review business records prior to when an individual witness is called to testify in a lawsuit regarding hospitality.

Start with the documents created in Normal Operation

Records are maintained by hospitality businesses for scheduling, staff training, guest services, security, management, and more. They are not created for court proceedings, but they can be used to prove how the property operated during an incident.

An expert witness in hospitality might review staffing plans and operating procedures as in addition to employee training files and logs of security as well as recordings from surveillance cameras to determine what responsibilities are given to each employee. A written policy might require that the manager take action to any employee who has reported an intoxicated client.

Investigating whether or not the manager actually was working and whether or not the report was communicated, and the reaction documented by the available evidence should be the primary objective. The goal is to analyze actual actions rather than to assume that written procedures were either observed or not.

The interpretation of restaurant records is different

The employees are split among the food service, beverage preparation customer demands and dining-room management. This presents a problem for investigation into restaurant operations. An expert witness from the restaurant industry will be able to explain how employees’ decisions are influenced by their responsibilities.

Imagine a situation in which the client purchased alcohol at the bar, and later transferred to a table. The bar receipt could document the purchase made at the bar, while table transaction records could document subsequent orders.

The information in those records might not be revealing what the server was aware of about the prior service. Looking over server assignments, transaction time notes of management and employee communications together could assist in determining the order. It is important to distinguish that the fact that alcohol was sold doesn’t automatically indicate that employees were aware of the presence of alcohol.

Casino Investigations may require different records

Casino beverage programs are very different from those of the traditional restaurant. Additional sources of information are free drinks serving mobile cocktails, mobile cocktail servers as well as gaming-floor supervisors.

A casino expert witness can look into beverage staffing, security footage and surveillance. They can also look over the procedures for employee communications. If beverages are offered as a complimentary service traditional sales receipts may be incomplete.

In such a case the investigation will rely more heavily on available surveillance or employee reports, service documentation, and even the documenting procedures of the property. The expert needs to also recognize limitations in the evidence instead of taking an insufficient record as proof of an event.

Preserve the Evidence Before It is lost forever.

The preservation of records that are time sensitive is a practical concern for hospitality litigation. Surveillance systems may retain recordings for limited periods. Employee schedules, internal communications, and incident records may be archivalized in different departments or systems. Attorneys should be able to locate relevant documents and implement the appropriate steps in the early stages.

The scope of the investigation depends on the nature of the accusations. For example, a restaurant may need the records of its dining room and bar. A resort incident may need documentation of the event, travel arrangements, or security communication. It is possible to locate relevant records through a targeted review, without having to assume that all departments were involved.

It is easier to understand the paperwork when you have experience in the field.

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 advised hotels, restaurants, and resort owners in the United States and internationally.

Expert witness testimony for both plaintiffs and defendants has covered issues related to resorts, casinos, restaurants, and hotels. His operational knowledge is helpful in interpreting documents that might appear simple to someone unfamiliar with the management of hospitality.

A list of staffing plans will, for instance, identify the people who were assigned to work. To determine if those assignments were under adequate supervision is dependent on knowing the property’s service model and operating conditions.

To make a more convincing case to build a stronger case, ask more questions

A thorough review of the expert’s work will aid attorneys in distinguishing between the facts that are documented and those that remain unanswered. It will help identify documents that are worth requesting and define the operational terms used in depositions.

It is not necessary to prove that a policy written was followed if there are discrepancies.

It is the significance of an expert’s report that illustrates these distinctions by using recognized industry practices and relevant evidence. Attorneys preparing for a hospitality lawsuit could benefit from understanding the business and its staff before interviewing them. This allows for to conduct a thorough investigation of what happened.