In restaurant litigation, the “smoking gun” is rarely a single document. It is usually a pattern of missing records, unsigned logs, and ignored protocols that, when assembled, paints a clear picture of negligence.

As a restaurant safety expert, I often assist attorneys in drafting discovery requests. Knowing what to ask for is half the battle. If you don’t ask for the “sweep log” or the “daily line check,” the defense won’t volunteer it.

Use this checklist to ensure you are uncovering the critical evidence in your premises liability or negligence case.

1. Premises & Physical Safety Checklist

• [ ] Flooring Specifications: Request the “spec sheet” for the flooring material installed in the incident area. Does it meet the ANSI B101.1 standard for slip resistance (COF)?
• [ ] Lighting Maintenance Logs: If the claim involves a trip in a dim area, request records of lightbulb replacements. Was a bulb out for weeks before the accident?
• [ ] Mat Placement Protocol: Was there a written policy for where non-slip mats must be placed during rain or in kitchen transition zones?
• [ ] Bathroom Inspection Logs: In slip and fall cases, request the “hourly bathroom check” log. Is it filled out? Does it look like one person signed it all at once at the end of the shift (“pencil whipping”)?

2. Operational & Staff Training Checklist

• [ ] Orientation Handbook: Does the employee handbook explicitly cover the safety procedure involved in the accident (e.g., “how to carry hot liquids” or “how to clean a spill”)?
• [ ] Signed Acknowledgements: Request the specific page signed by the employee acknowledging they received this training.
• [ ] Manager on Duty (MOD) Log: Most restaurants keep a daily diary of shift events. Does it mention the incident? Does it mention other similar incidents prior to this one (establishing notice)?

3. Security & Alcohol Service Checklist

• [ ] Incident Reports: Request all incident reports from the prior 12 months, not just the one from the date of injury. This helps establish a pattern of “negligent security” or dangerous conditions.
• [ ] Camera Retention Policy: Demand the surveillance footage immediately. Many systems auto-delete after 7, 14, or 30 days.
• [ ] Bouncer Certifications: If the case involves a fight, were the security staff licensed or trained in de-escalation (e.g., TIPS or guard card requirements)?

The “Negative Space” in Evidence

Often, what is missing is more damning than what is present. A restaurant that cannot produce a cleaning log, a training signature, or a temperature record typically fails to meet the reasonable standard of care.

Key Takeaway: Don’t settle for generic discovery responses. Use this checklist to demand the specific operational documents that prove whether safety was a priority or an afterthought.