Can You Sue a Restaurant for Falling on Their Property?
- If you have been injured in a fall at a restaurant, you might be eligible to sue.
- A lawsuit is appropriate if the restaurant has breached its duty to keep its premises safe for patrons.
- Keep all accident records and contact a lawyer as soon as possible.
At Cutter Law, P.C., we often hear from restaurant customers who want to know if they can sue an establishment for a fall on their property. The answer is yes if the restaurant knew or should have known about the hazardous condition and you suffered an injury from the fall. One scenario where you can pursue legal action is if you fractured a bone from slipping on an unlabeled wet floor, but there are other situations in which a lawsuit is appropriate.
Requirements to Sue a Restaurant for an Injury
If you suffered an injury at a restaurant, two factors determine whether you have grounds for a slip and fall lawsuit.
Requirement #1: The Restaurant Failed Its Duty of Care
Restaurant owners have a legal duty to ensure their property is safe and free from hazards. If the restaurant breached that duty, they may be responsible for your injuries under California premises liability law.
You must prove that a condition on the property created an unreasonable risk of harm, the restaurant knew or reasonably should have known about the risk, and the restaurant did not address the condition or give adequate warning to patrons.
Common examples of restaurant fall risks include the following:
- Wet or slippery floors
- Poor lighting
- Cracked or uneven floor surfaces
- Unmarked steps or floor levels
- Objects left in walkways
- Unaddressed food or grease spills
- Untreated ice and snow in parking lots
However, the presence of a hazard alone does not justify a lawsuit. Measurable harm must result from the danger.
Requirement #2: You Suffered an Injury From the Restaurant's Negligence
A lawsuit’s primary purpose is to compensate victims for injury-related losses. To have a legal case, you must suffer compensable losses. Thus, minor injuries like bruises or scrapes might not be worth suing over. However, if your injuries result in mounting medical bills and impacts on your life, you likely have grounds for a lawsuit.
Common injuries that result from slip and fall accidents include the following:
- Broken bones
- Joint damage
- Spinal cord injury
- Traumatic brain injury or TBI
- Internal injuries
- Nerve damage
These are some of the more serious injuries that result from falls, but there are others. Consult a restaurant accident lawyer to discuss whether you may have a case.
What Should You Do After Being Injured in a Restaurant Fall?
When you slip and fall at a restaurant, there are certain steps you can take to protect your right to compensation for your losses.
1. Report the Fall
The first thing you need to do is notify the restaurant manager and request a written report. If you handle everything independently, the other party will likely claim that the fall didn’t happen or wasn’t serious. Documentation is key.
2. Get a Medical Evaluation
Your health is the number one priority. Immediate medical care is necessary to ensure your well-being. However, the medical records will provide crucial evidence documenting your injury. The same applies to records of follow-up visits, prescriptions, and treatments. If you fail to attend appointments or participate in treatment, the defendant can say that your injuries are not as severe as you claim.
3. Preserve and Continue Gathering Evidence
Keep all records associated with your accident in a safe place. It also helps to maintain a journal of your recovery, including daily reports of your symptoms and support needs. Without such evidence, a defendant can easily undervalue your claim or attempt to deny it altogether.
4. Contact a Restaurant Accident Lawyer
The sooner you contact an experienced attorney, the better. As Sacramento slip and fall lawyers, we have seen many defendants try to take advantage of injury victims.
Restaurant owners typically have insurance, and the insurance companies have powerful attorneys working for them. They will try to blame you for the accident or get rid of the issue with a low-ball offer. An attorney can represent you in discussions and protect your rights.
5. File a Claim Early
Each state sets a time limit for filing lawsuits. California’s statute of limitations for most personal injury claims is two years from the accident date.
Although there are some exceptions, missing your deadline means losing your right to sue. It’s essential to get started quickly to account for any delays in processing your claim.
What Compensation Can You Get for Falling at a Restaurant?
Slip and fall lawsuits can involve two types of compensation: economic and non-economic damages.
- Economic damages include out-of-pocket costs related to your accident, such as medical bills, lost wages, and disability accommodations.
- Non-economic damages cover intangible losses, including pain and suffering. Lawyers calculate these damages based on the incident’s impact on the victim’s daily life.
An attorney will analyze your case and calculate the full extent of your damages. At Cutter Law, we secured a $10 million settlement for a trip and fall accident that caused major injuries. We can help you pursue the compensation you deserve.
How To Sue a Restaurant for Negligence
If you want to pursue legal action against a restaurant, the wisest course of action is to consult with a personal injury attorney at Cutter Law. We are a California-based firm with over 50 years of combined legal experience. We’re here to guide you through the legal process and represent your interests in and out of the courtroom.
We have the experience to assist you at all claim stages, starting with case preparation. We investigate thoroughly, collect and preserve key evidence, prepare the legal paperwork, and file your claim on time.
We also handle all communications with the other party. We’ll negotiate for the maximum compensation and refuse to settle for less. If your case goes to trial, we have the skills and resources to win.
“Sometimes, we can reach a pre-litigation settlement in a slip and fall case. That is more rare because we typically get better value for our cases once they’re in litigation.” – Margot Cutter
Contact Our Restaurant Accident Attorneys at Cutter Law Today
We are a local firm with a family-oriented approach to client service and a commitment to results. If you have suffered serious injuries in a restaurant slip and fall, we’re here to help.
Contact us online to schedule your free case review today.
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.
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