Under the personal injury laws in California, an individual may be able to sue a restaurant for negligence or injury if they were injured due to the restaurant’s negligence. In order to sue a California restaurant for negligence, they will need to prove several things, including:
- The restaurant was negligent
- That negligence directly caused the individual’s injuries
- The individual’s injuries were foreseeable
- The individual suffered measurable damages
Measurable damages can include things such as:
- Lost wages
- Medical bills
- Pain and suffering
- Reduced earning capacity
- Loss of consortium for a loved one
There are also several different parties that an injured individual may be able to sue related to a restaurant injury, which include:
- The owner of the restaurant
- The parent company of the restaurant
- Staff of the restaurant
- Other customers
- Suppliers or distributors of restaurant food or equipment
- Restaurant security staff
An individual may suffer harm at a restaurant in many different ways, including bad food, a wet floor causing a slip and fall, being cut on broken glass, being attacked in a parking lot that was not well lit, and many more. A restaurant owner has the responsibility of keeping the premises safe for individuals who visit the restaurant and to not cause injuries to patrons of their restaurant.
An individual may also sustain injuries at a restaurant which are caused by negligent security or dram shop law violations. If an individual has been injured at a California restaurant, they should reach out to a California attorney.
What Are Some Common Injuries Suffered in a Restaurant?
There are several different types of common injuries that an individual may suffer in a restaurant. One major category is food safety issues, which may involve:
- Allergic reactions due to food allergies
- Food-borne illnesses, such as salmonella
- Food storage safety
- Keeping food free of contaminants
- Safe food handling
- Other food issues
Another category of injuries that a restaurant patron may suffer is food contamination, which may include:
- Foreign objects
- Dangerous or hazardous materials, such as glass
- Unsanitary items, for example, hair
If you have questions about whether your injury qualifies for compensation, consult a lawyer. A restaurant injury lawyer can review your claim and inform you of your rights and options.
What Duties Does a Restaurant Owner Have?
Restaurant owners owe patrons of their restaurants several different categories of duties. Most of these duties fall under the legal concept of premises liability, which imposes certain duties based on the category of individual who comes to the restaurant.
The owner is required to keep the restaurant in a reasonably safe condition for the customers. This includes having a duty to warn invitees of any hidden dangers.
There are also additional duties that restaurant owners owe their patrons, including:
- Properly handling and cooking food in order to avoid contaminated or undercooked foods
- Properly supervising and training restaurant staff so they do not drop plates or beverages on patrons to avoid burns or other injuries
- To avoid dram shop liability by not serving a patron who is clearly intoxicated
- Ensuring there is a safe means of entrance and exit to the building
- Ensuring there is a safe method to get from the dining room to the restroom
- Maintaining furniture by inspecting any stools, seats, and chairs
- Making sure there is adequate lighting in the building as well as in the parking lot in order to prevent accidents on the premises and discourage criminal liability
- Ensuring there are no dangerous defects on the floor, such as wet spots or unlevel areas
- Slip and fall accidents are some of the most common injuries in restaurants
- Not otherwise negligently causing harm to restaurant patrons, which may be avoided by taking prompt action to correct hazards that come up and avoid creating circumstances that may increase the risk of harm to patrons
What Compensation Can I Collect in My Restaurant Personal Injury Case?
If an individual files a personal injury claim against a restaurant, they may be able to obtain compensatory damages to compensate them for their losses related to their injury. The amount of compensation that an individual may receive often depends on the specific facts of the case.
For example, if there was something very dangerous found in the food, such as a blade, an individual is more likely to receive compensation than if it was something relatively harmless, such as a hair. An individual may also receive more damages if they get food poisoning or another type of life-threatening food borne illness.
In some cases, an individual may also be able to obtain compensation for emotional distress. However, these may be more difficult to obtain as emotional injuries are often harder to prove than physical injuries.
If someone decides to file a lawsuit against a restaurant, the business may want to settle the case in order to avoid bad publicity. This arrangement also allows the injured party to obtain compensation for their injuries without having to spend their time and money on a trial.
Another option that may be available is to write a complaint letter directly to the restaurant or to the state health department. Doing so may cause the restaurant to be required to fix the issue or even be shut down.
Are There Limits on Liability for Restaurant Injuries?
There are limits on some restaurant owners’ responsibilities. For example, an owner is not liable for a patron’s injuries when they enter a restricted area of the restaurant.
Restaurant owners do now have a duty to protect their patrons from acts of their parties, unless that third party is an employee. In addition, a patron may contribute to their own injury, which can limit or even bar their ability to recover damages.
This may arise, for example, if a server has a hot plate for the patron, informs them that the plate is hot and they should not touch it, but the patron does so anyway. In these types of situations, restaurant owners will not likely be held liable.
In addition, restaurant owners will not be held liable for unforeseeable injuries. This may occur, for example, when there are acts of nature, such as an earthquake causing something to fall and injure a patron.
If there is a dangerous condition that the owner was not aware of or did not have time to discover, they will not likely be held liable for resulting injuries. For example, if a patron spills their drink and another patron immediately slips and falls in it, the owner may not be held liable.
Do I Need a Lawyer To Represent Me in a Restaurant Injury Lawsuit?
If you have suffered any type of injury at a restaurant in California, it is important to reach out to a California personal injury attorney for advice. Your attorney can evaluate whether or not you may have a claim, investigate the incident, and represent you during negotiations and in court.
Your lawyer will handle your legal case so that you can focus on recovery. If the restaurant offers you a settlement, your attorney will ensure you are offered a fair amount.
LegalMatch.com offers no cost lawyer matching services to help you find a personal injury lawyer near you who can get started on your case right away. Many of these lawyers offer free consultations, allowing you to get an idea of the possibility of compensation.
