When we dine out, we expect to have a great time and enjoy amazing food. Nobody expects to go to a restaurant and then suffer an injury, yet it can happen. Drinks, slippery floors, greasy food and cutlery are major causes of restaurant slips and falls.
If you are hurt, the first thing you should do is seek medical attention and then collect evidence. Figuring out what to do next can be tricky. Is the restaurant to blame? Who will be paying for your hospital fees?
You may be eligible to file a premises liability claim to recover compensation if your accident prevents you from returning to work, causes you emotional distress or severe physical discomfort.
What is premises liability?
Premises liability is a legal concept that holds property owners responsible for maintaining and keeping their premises secure for visitors. The restaurant owner is responsible for addressing and repairing any known safety issues, such as uneven floor tiles, torn carpets, poor lighting and broken railings. If they fail to do so, the property owner could be liable for any injuries that occur there.
While it may seem straightforward, the victim cannot immediately demand compensation. To win a premises liability case against a restaurant, you have to show that the owner was negligent. Negligence is when someone fails to treat other people with the same amount of care that a decent person would.
You will have to show that:
- The restaurant or property owner was aware of the safety hazard
- The restaurant or property owner failed to address the situation or provide a warning regarding the safety hazard
- The safety hazard caused the injury
The property owner and their insurer may counter that you should not recover any compensation because it was your own negligence that caused your injuries. A slip-and-fall injury may be both physically and financially devastating. If the restaurant’s carelessness causes you to sustain serious injuries, a lawyer might be able to support your claim.