Restaurant Industry Standards: What Attorneys Need to Know
When attorneys hire our firm, Restaurant Expert Witness, they usually need something they don’t have:
Decades of restaurant industry experience.
Attorneys know the law.
We know restaurants.
Our job is to help attorneys understand the restaurant industry standards, operating practices, procedures, systems, and training commonly used throughout the restaurant industry.
That distinction matters when a restaurant becomes the center of a legal dispute.
What Are Restaurant Industry Standards?
Restaurant industry standards help establish what is ordinarily, reasonably, and customarily done within restaurant operations.
Depending on the issue, the analysis may involve:
- Policies and procedures
- Employee training
- Management practices
- Operating systems
- Safety procedures
- Security practices
- Food and beverage operations
- Equipment procedures
- Hazard recognition
- Industry customs and practices
In simple terms, attorneys need to understand how restaurants normally operate.
Then, the operation involved in the case can be examined and compared with the practices and standards relevant to the issue.
Why Attorneys Need Restaurant Industry Expertise
Restaurant operations can be highly specialized.
An attorney may understand every legal issue in a case but have little reason to know how a restaurant normally handles a wet floor, secures a coffee lid, trains a bartender, cleans a kitchen floor, documents an incident, or manages an intoxicated customer.
That’s where restaurant industry expertise becomes important.
As a restaurant expert witness, I examine the restaurant operation and the circumstances surrounding the incident.
I may review training materials, company policies, operating procedures, photographs, video, incident reports, employee records, manuals, industry publications, and other relevant evidence.
Then I compare what occurred with applicable restaurant industry standards and practices.
Industry Standards Are Not Automatically Laws
This distinction is important.
A restaurant industry standard is not automatically a law or regulation.
Likewise, an OSHA requirement is not automatically a restaurant industry standard simply because it involves safety.
Depending on the case, laws, regulations, codes, company policies, manufacturer instructions, and established industry practices may each provide different information.
The expert’s job is to identify what applies and explain its relevance.
The court ultimately determines the legal issues.
Restaurant Industry Standards and Safety
Restaurants have procedures designed to address many types of hazards.
These may involve slips and falls, hot beverages, food safety, alcohol service, equipment, security, employee conduct, and other operational concerns.
Training is also important.
A procedure written in a manual accomplishes little if employees don’t know it exists or haven’t been trained to follow it.
Management practices can matter for the same reason.
The question isn’t only:
What did the restaurant’s policy say?
Another important question is:
What was actually happening in the restaurant?
Restaurant Industry Standards in Hot Coffee Cases
The same analysis can apply to a hot coffee or tea burn case.
A restaurant expert witness may examine the cup and lid system, preparation procedures, employee training, beverage handoff, management practices, equipment, company policies, and other relevant evidence.
Then those practices can be compared with applicable restaurant industry standards, manufacturer guidance, company procedures, and other relevant information.
Temperature may be one part of the analysis.
But it may not be the only part.
Look at the cup. Look at the lid. Look at the training. Look at the handoff. Look at the operation.
That’s where restaurant industry experience matters.
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