A report of an incident at an establishment could be only several paragraphs. It describes the guest, describes a disturbance, names the responding employees and also records the time management was notified.

The report could raise multiple questions for an attorney. Who was the person who was supervising employees involved? Was surveillance footage preserved? Was the property following its procedures? There were earlier interactions that weren’t recorded in the reports?

These are the reasons why hospitality litigation usually calls for an examination of regular business records prior to when witness testimony commences.

Start with the documents created During Normal Operations

Hotels and restaurants keep records of guest service, scheduling guest service as well as security, training and management. These records weren’t necessarily intended for litigation however they could be used to document how the facility operated during an incident.

An expert witness in hospitality will scrutinize the scheduling schedules for staff along with operating procedures, employees’ training records Security logs, security records and surveillance recordings to understand what responsibilities are delegated to what employees. As an example the policy could stipulate that the manager should respond if an employee informs them of an intoxicated client.

Investigating whether or not the manager was actually working, whether or not the report was communicated, and what response is evident from the evidence available should be the goal. Instead of concluding that the procedures were adhered to or not, the goal is to evaluate how actual operations actually took place.

There is the need for a different interpretation of the restaurant’s records.

Restaurant investigations pose challenges since employees are split between food service, beverage preparation customers’ requests, dining-room management. A restaurant expert witness can explain how these responsibilities affect the decisions employees make during service.

Take a look at a dining-room situation involving an individual who had ordered drinks at the bar prior to changing tables. The bar receipt might document the purchase made at the bar, while transactions in the dining room could show subsequent orders.

However, the records may not reveal the information that the table server had about the prior service. The combination of server assignments the time of transactions, managerial notes, and employee declarations could help in determining the sequence. It is important to recognize distinctions: simply because alcohol was consumed doesn’t mean the staff was intoxicated.

Casino Investigations may require different forms of documentation

Casinos have beverage programs that are different than the ones that are offered by restaurants. The addition of complimentary drinks as well as cocktail servers at the casino floor and security personnel can provide additional information.

A Casino expert witness can examine beverage staffing assignments, security reports, surveillance footage as well as the rules governing employee communication. Traditional sales receipts might not provide a complete account when drinks are provided for free.

In these circumstances the investigation may rely on surveillance, employee observation as well as service records and documented procedures. Experts must identify the limitations of evidence, instead of relying on incomplete records as evidence.

Preserve the Evidence Before It is lost forever.

The preservation of records that are time sensitive is a real concern for the litigation of hospitality. Certain surveillance systems can only store recordings for a certain period of time. Schedules of employees, internal communications, and incident documents may be archivalized in different systems or departments. Attorneys need to identify relevant documents early and take the necessary steps to secure these records.

The scope of the investigation varies on the nature of the allegations. For instance an establishment may need restaurant and bar records. A resort incident might require documentation for an event and travel arrangements or security messages. It is possible to determine relevant records through an investigation that is specific, not having to assume that all departments were involved.

The process of preparing paperwork is simpler when you have operational experience

Preston Rideout is a hospitality veteran with over 20 years of experience. He has held roles in management, bartending, and beverages operations in a variety of businesses. Rideout Hospitality Consulting is a company that he established in the year the year 2010. He has advised on resort, restaurant, and hotel operators throughout the United States.

Expert witness testimony in favor of plaintiffs and defendants has included matters that involved resorts, casinos or restaurants, as well as hotels. The operational background is beneficial when interpreting documents that could seem easy to a person who is not familiar with hospitality management.

A staffing plan can, for example, identify the employees assigned to work. Being aware of whether the assignments provide sufficient supervision requires an understanding of the property’s service model and operational conditions.

To create a stronger argument, ask better questions

Early expert review can assist attorneys in separating documented facts from unresolved issues. It helps identify documents that are worthy of requesting and help define the operational terms that is used in depositions.

The reason for discrepancies is not always because of a failure in operation. Neither is every procedure that proves that the right procedures were observed.

The value of hospitality expert analysis lies in explaining these distinctions using relevant evidence and recognized industry practices. Understanding the procedure prior to interviewing employees in a matter can help lawyers prepare a case with a more focused and credible examination.