Home / Negligent Managment
Liability often begins before the employee clocks in. We evaluate negligent hiring claims by auditing the vetting process. Did the establishment conduct appropriate background checks? Did they ignore red flags in a candidate’s history that made a violent altercation or safety breach foreseeable?
A handbook on a shelf is not a defense. As an employment training expert witness, we analyze if the restaurant provided actual, effective training on safety protocols. We review training logs, quizzing methodologies, and on-the-job shadowing records to expose systemic educational failures.
We also assess negligent supervision. It is the manager’s duty to monitor staff conduct and enforce policies. We investigate if management turned a blind eye to policy violations; such as drinking on the job or harassment; creating a culture of non-compliance that led to the incident.
Proving management negligence requires connecting administrative failures to the specific injury. We audit the employment lifecycle to identify where the duty of care was breached.
Did the restaurant fail to vet the employee? We audit background check protocols and interview notes to determine if the employer ignored “red flags” or criminal history that made the employee a foreseeable risk to safety.
Was the training real or just a signature? We review training materials and quizzing results to prove the staff member was never actually taught the safety protocols they violated during the incident.
Where was the manager? We analyze staffing schedules and floor positioning to determine if management failed to monitor staff conduct, allowing policy violations (like drinking or horseplay) to go unchecked.
Should the employee have been fired sooner? We scrutinize personnel files for prior warnings or complaints. Keeping an employee with a known history of violence or safety breaches creates direct liability for the venue.
A signed acknowledgment form proves the employee received the handbook, but it doesn’t prove they were managed to it. We expose negligent supervision by contrasting the written ‘zero-tolerance’ policies against the actual workplace culture. We analyze shift notes, witness testimony, and disciplinary logs to see if management permitted a ‘wild west’ environment where safety rules were routinely ignored.
Detecting "dry-labbing" (faking) of safety training dates.
Identifying inconsistent enforcement of safety violations.
Analyzing manager-to-staff ratios during the incident.
Documenting ignored complaints or "red flag" behaviors.
Failure to terminate employees with known safety risks.
Secure these critical items to evaluate Hiring, Training, and Supervision standards.
Request the full file, including the original application, interview notes, and background check results. We analyze if management ignored “red flags” or gaps in employment history during the vetting process.
Secure the specific “New Hire Orientation” checklists signed by the employee. We verify if safety training was actually completed or if the manager just “pencil-whipped” the forms.
Obtain the floor chart and schedule for the incident date. We calculate the manager-to-staff ratio to determine if the floor was adequately supervised during peak volume hours.
Request all prior write-ups for the employee involved. A history of unpunished safety violations or aggressive behavior establishes Negligent Retention—proving the venue knew the risk and did nothing.
Our involvement extends beyond the expert report. We partner with legal teams to decipher complex operational evidence, providing the technical clarity needed for summary judgment motions, settlement negotiations, and courtroom advocacy.
Common questions about restaurant expert witness services
We review slip and fall incidents, service-related injuries, food safety issues, crowd management failures, staff negligence claims, and operational liability matters in restaurant environments.
We review slip and fall incidents, service-related injuries, food safety issues, crowd management failures, staff negligence claims, and operational liability matters in restaurant environments.
We review slip and fall incidents, service-related injuries, food safety issues, crowd management failures, staff negligence claims, and operational liability matters in restaurant environments.
We review slip and fall incidents, service-related injuries, food safety issues, crowd management failures, staff negligence claims, and operational liability matters in restaurant environments.
