A hotel incident report could comprise only a few paragraphs. It is a record of the guest’s name as the source of the incident, describes the incident that occurred, names the respondent employees and records the date management was notified.

An attorney’s report can cause more questions than it provides answers. Who was the person in charge of the employees in this case? Was surveillance footage preserved? The property followed its own procedures. Are there any interactions that occurred prior to the property that were not documented?

These questions illustrate the need to study the business records of everyday businesses prior to witness testimony in litigation involving hospitality.

Begin by examining the documents made during normal operations

Hotels create documents for training, scheduling and guest service, security, and management. Although these records were not created to be used in litigation They are helpful for understanding how a business was able to perform during an incident.

A hospitality expert witness will scrutinize the scheduling schedules for staff as well operating procedures, documents for employee training Security logs, security records and surveillance recordings in order to better know what duties are delegated to what employees. For instance A written policy could call for a supervisor to act when an employee has a complaint about an drunken guest.

Investigating the incident should determine whether the manager was in charge, if the report was submitted, and, in light of the evidence, what was the response. It is far more crucial to examine the actual performance of the operation rather than to assume that written instructions were adhered to or not observed.

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

Restaurant investigations are challenging because employees must divide their time between cooking food, serving customers, and overseeing the dining room. An expert witness from the restaurant industry could help explain how employees’ decisions are influenced by their responsibilities.

Imagine that someone ordered alcohol at the bar before being transferred to a table. The bar receipt may document the initial purchase, and the transaction records for dining room transactions show later orders.

However, those records might not reveal what the table server knew about the earlier service. Looking at all the data together, such as servers assigned and transaction times, along with management notes and employee statement could help in determining the sequence. The key difference is: evidence that alcohol was purchased is not automatically evidence that the staff member was intoxicated.

Casino Investigations may require different records

Casinos have beverage programs which differ from conventional restaurant service. Drinks are free, there are mobile cocktail servers, gaming floor supervisors as well as extensive security operations are other sources of information.

An expert witness from a casino can review beverage staffing assignments, security reports, surveillance footage, and procedures governing employee communications. Traditional sales receipts may be insufficient when beverages are complimentary.

In such a case the investigation could rely more heavily on available surveillance, employee observations, service documents, and the process of the property’s documents. The expert should also be able to identify any flaws in the evidence and not simply accept a faulty record.

Make sure you keep the evidence until it’s no more available

The preservation of records that are sensitive is an issue for litigation involving hospitality. Surveillance systems may retain recordings for only a short time. Employee schedules, internal communications, and incident documents may be stored in different systems or departments. Attorneys should be able to locate relevant records and take the necessary measures early.

The scope of the necessary investigation is contingent upon the nature of the claims. For example, a restaurant may need bar and dining room records. An incident at a resort could need documentation of the event, travel arrangements, or security communications. You can find relevant records through a targeted review, without being required to assume that all departments were involved.

Understanding the paperwork is easier when you have 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 provided recommendations to restaurants, hotels and resort owners across the United States.

He has been an expert witness in trials involving hotels, casinos, resorts and restaurants, for both the plaintiffs and defense counsel. His operational knowledge is helpful when interpreting records that may appear simple to someone unfamiliar with the management of hospitality.

A list of staffing plans includes, for instance, the employees who were designated to work. Knowing if the assignments offered sufficient supervision requires an understanding of the property’s service model and operating conditions.

To make a more convincing case Ask more pertinent questions

An early expert review can help attorneys distinguish documents from unresolved issues. It can identify records that are worth requesting and define the terms used in depositions.

It is not necessary to prove that a policy written was followed when there are divergences.

The importance of expert analysis lies in explaining the differences through evidence and accepted industry practices. Knowing the process prior to conducting an investigation into employees in a hotel matter can help lawyers prepare a case with a an unbiased and trustworthy examination.