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Determining negligence often comes down to defining the industry Standard of Care. We provide forensic analysis of restaurant operations to determine if the venue followed accepted industry best practices or if they cut corners to prioritize profit over safety. We evaluate everything from opening checklists to closing procedures.
We analyze the Standard Operating Procedures (SOPs). Did the restaurant have written protocols for critical tasks? More importantly, were those protocols practical and enforced? We identify the specific operational deviations—such as understaffing shifts or deferring maintenance—that created the conditions for the incident.
Beyond the specific incident, we audit the operational culture. We review P&L statements, labor reports, and management correspondence to uncover systemic failures, such as a corporate directive to slash labor costs that resulted in inadequate supervision on the night of the injury.
Operational negligence isn’t usually a single mistake; it’s a systemic failure. We analyze these four critical operational pillars to determine if the venue breached the Industry Standard of Care.
Did the restaurant follow its own rules? We compare the employee handbook and written Standard Operating Procedures (SOPs) against the staff’s actual behavior to prove that safety policies were ignored or never enforced.
Was the venue understaffed to cut costs? We analyze labor reports and sales volume to determine if management intentionally staffed below safe levels, making it impossible for servers to monitor alcohol intake or clean spills.
Did the budget prioritize profit over safety? We review P&L statements to identify “deferred maintenance”—such as cutting the budget for floor repairs, security guards, or training—that directly contributed to the hazardous condition.
A manager’s job is to supervise, not just expedite food. We investigate if the manager on duty was effectively monitoring the floor or if they were “buried in the office,” failing their duty to prevent foreseeable risks.
A restaurant’s operations manual describes how the business should run, but the Profit & Loss (P&L) statement reveals how it actually ran. We analyze the gap between these two realities. We investigate if management systematically ‘deferred’ critical facility maintenance to boost bonuses, or if they mandated labor cuts that made it physically impossible for staff to follow safety protocols during peak hours.
Proving if staffing levels were slashed below safety standards.
Identifying safety repairs delayed for cost savings.
Did managers write up violations, or ignore them?
High theft often indicates a total lack of supervision.
Detecting "pencil-whipped" daily safety checks.
Secure these critical items to evaluate Standard Operating Procedures and Management Negligence.
Request the complete Table of Contents and full text of the venue’s Standard Operating Procedures. We verify if the specific safety protocols violated were actually documented and up-to-date.
Secure hourly sales reports overlayed with labor time-clock records. We calculate the “Guests-Per-Labor-Hour” to prove if the manager intentionally understaffed the floor, creating an unsafe environment.
Obtain Profit & Loss statements for the 12 months prior to the incident. We look for sudden budget cuts in the “Repairs & Maintenance” (R&M) or “Security” line items that indicate deferred safety.
Request the daily “Manager’s Log” or shift notes. These handwritten notes often contain the “smoking gun”—such as repeated complaints about broken equipment or unruly patrons—that were ignored.
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.
