An incident report for an establishment could be only a few paragraphs long. It is a record of the guest’s name who caused the disturbance that occurred, names the respondent employees and details the time management was notified.

As an attorney, that report could be more complicated than it can answer. Who was accountable for supervising the employees? Was surveillance footage preserved? Was the property in compliance with its procedures? Was the property involved in earlier interactions that weren’t included in the report.

These questions demonstrate why it is important to study the business records of everyday businesses prior to testimony of witnesses in litigation involving hospitality.

Start with the documents created During Normal Operations

Hospitality businesses generate records for scheduling, training and guest service, security and management. While these records weren’t made to aid in litigation, they could help establish how a property functioned during a particular incident.

An expert witness in Hospitality may examine staffing schedules, operational procedures, training documents, security logs and surveillance recordings to understand the responsibilities given to different personnel. As an example one policy may stipulate that the manager should respond if an employee reports an intoxicated client.

Examining the incident will determine if the manager worked or if the report was submitted, and, in light of the evidence, what the manager’s response was. The goal is to analyze actual operations rather than assume that the written procedure was implemented or not.

Restaurant records require their own Interpretation

The employees are divided between the catering, beverage prep, customer requests and dining-room management. This presents a problem for investigation of restaurants. An expert witness in the restaurant industry can help show how decisions made by employees are influenced by these duties.

Imagine that a client ordered alcohol from the bar and was moved to a table. The bar receipt could document the first purchase while the restaurant transaction records might document subsequent orders.

The records could not provide what the server knew of the prior service. Reviewing all the data including server assignments and time-of-transactions, along with management notes and employee statements could help in determining the sequence. A distinction must be made when it comes to alcohol: the fact that it was sold doesn’t automatically suggest that employees are aware of intoxication.

Casino Investigations might require other records

Casinos offer beverage services which are distinct from those provided by restaurants. Other sources of information include complimentary drinks as well as mobile cocktail servers, and gaming-floor supervisors.

A certified witness from a casino could review the beverage staffing assignments as well as surveillance video including security reports, employee communication protocols. Traditional sales receipts could give an inaccurate account if drinks are provided for free.

In such circumstances the investigation could depend on surveillance evidence, observations of employees and service records, as well as the documented procedures of the property. The expert must also be able to spot any shortcomings in the evidence and not just accept an incomplete record.

Keep the evidence until it’s no longer accessible

The preservation of documents that are time sensitive is a major concern in litigation related to hospitality. Recordings from surveillance systems can be saved for a specific period of time. Schedules of employees, internal communications and incident documents may be kept in different departments or systems. Attorneys need to identify and archive any relevant records as quickly as they can.

It’s dependent on the nature of the claim. The extent of an investigation will depend on the allegations. A targeted review can identify what records are essential without assuming that every department is involved.

The Paperwork is a Result of 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 the year 2010 and has offered assistance to hotel, restaurant and resort operators throughout the United States.

His expert witness work involves matters that involve hotels, restaurants resorts, casinos, and restaurants for defense and plaintiff counsel. It is helpful to have an understanding of hospitality management to interpret documents that appear simple to those who aren’t experienced in the field.

A schedule of staffing will, for instance, identify those assigned to work. Understanding the model of service and the operational requirements of a facility is necessary to determine whether the assignments are supervised in a proper manner.

To create a stronger argument Ask more pertinent questions

An early expert review can help attorneys distinguish between documented and unresolved issues. The review can reveal additional records to request, define the terms used in depositions and identify which decisions of employees require closer examination.

It is not necessary to prove that a policy written was followed in the event of differences.

The benefit of expert analysis is to explain the differences through evidence and industry-wide practices that are well-known. Understanding the business before interviewing employees in a matter can help lawyers prepare an argument that is more precise and reliable examination.