It may be possible to sue a Florida restaurant under the personal injury laws in Florida if an individual was injured because of the restaurant’s negligence. To be able to sue a Florida restaurant for negligence, the individual will have to prove several elements, which include:
- The restaurant was negligent
- That negligence was the direct cause of the individual’s injuries
- The injuries were foreseeable
- The individual suffered measurable damages
Measurable damages may include issues such as:
- Medical bills
- Pain and suffering
- Reduced earning capacity
- Lost wages
- Loss of consortium for a loved one
There are also numerous parties that injured individuals may be able to sue related to restaurant injuries, which include:
- The owner of the restaurant
- Suppliers or distributors of restaurant food or equipment
- Restaurant security staff
- The parent company of the restaurant
- Staff of the restaurant
- Other customers
It may be possible to suffer harm at restaurants in numerous different ways, such as:
- Bad food
- A wet floor that causes a slip and fall
- Being cut on broken glass
- Being attacked in the parking lot that was not well lit
- Many other issues
The owner of the restaurant is responsible for keeping the restaurant premises safe for those who come to the restaurant. This includes ensuring that patrons are not injured when they come to the business.
A person can also be injured at a restaurant if the restaurant was negligent in providing security or violated dram shop laws. When someone has been injured at a Florida restaurant, it is important that they consult with a Florida attorney.
What Are Some Common Injuries Suffered in a Restaurant?
There are different common injuries that patrons may suffer in restaurants. One common category is food safety issues, which can involve:
- Food storage safety
- Keeping food free of contaminants
- Safe food handling
- Allergic reactions due to food allergies
- Food-borne illnesses, such as salmonella
- Other food issues
Another common category of injuries that restaurant patrons may suffer is food contamination, which can involve:
- Unsanitary items, for example, hair
- Foreign objects
- Dangerous or hazardous materials, such as glass
When someone has questions regarding whether or not their injuries qualify for compensation, they should consult a lawyer. Restaurant injury lawyers can review an individual’s claim and inform them of their rights and options in Florida.
What Duties Does a Restaurant Owner Have?
A restaurant owner owes patrons multiple types of duties. The majority of these fall under the legal principle of premises liability that imposes specific duties based upon the category of visitor to the restaurant.
A restaurant owner must keep the premises in reasonably safe condition for customers, including warning invitees of any hidden dangers. Restaurant owners also owe their patrons additional duties, which include:
- Properly training and supervising restaurant staff so they do not drop plates or beverages on patrons in order to avoid burns or other injuries
- Ensuring there is a safe way to enter and exit the building
- Properly handling and cooking food to avoid undercooked or contaminated foods
- Not serving clearly intoxicated patrons to avoid liability under dram shop laws
- Making sure there is a safe path from the dining room to the restroom
- Properly maintaining furniture by conducting inspections on:
- Having adequate lighting in the parking lot and building to help prevent accidents and limit criminal liability
- Making sure no defects are present on the floor, including unlevel areas or wet spots
- Slip and fall accidents are common injuries suffered in restaurants
- Not otherwise negligently causing harm to patrons of the restaurant, which can be avoided by taking prompt action to correct any hazards that come up and to avoid creating any situations that may increase the risk of harm to patrons
What Compensation Can I Collect In My Restaurant Personal Injury Case?
When someone files a personal injury lawsuit against a restaurant, they might be awarded compensatory damages that compensate them for losses they suffered related to their injury. The amount of monetary compensation that the plaintiff might be eligible to receive will depend on the specific facts of the case.
For example, if there was a very dangerous item in the food served, such as a razor blade, an individual will be more likely to be able to obtain compensation than if the item was essentially harmless, such as hair. It may also be possible to receive a higher amount of damages if the individual suffered from food poisoning or another type of life-threatening food borne illness.
In certain situations, individuals can also get compensation for their emotional distress. These injuries, however, are typically more difficult to prove than physical injuries.
If an individual files a lawsuit against a restaurant for their injuries, that business will likely want to settle the case to avoid any bad publicity. Accepting a settlement also allows an individual to get compensation for the injuries they suffered without spending their money and time on a trial.
Another available action an individual may be able to take is to send a complaint letter directly to the business or to the Florida Health Department. This can force the restaurant to fix the issue or face being shut down in some situations.
Are There Limits on Liability for Restaurant Injuries?
There may be limits on the liability of restaurant owners depending on the situation. For example, restaurant owners will not be held liable for injuries to patrons if they enter a restricted area of a restaurant.
Owners of restaurants do not have a duty to protect patrons from acts of third parties unless they are employees. Additionally, patrons can contribute to their own injuries, which may limit or even bar the patron’s ability to recover damages.
For example, if a server tells a plate is hot and the patron should not touch it but the individual does so anyway, the patron contributed to their own burn injury. In these types of cases, restaurant owners are not likely to be held liable.
Restaurant owners are also not typically held liable for a patron’s unforeseeable injury. For example, if there is an act of nature, such as an earthquake, that causes an item to fall and injure a patron, the owner is not likely to be liable.
When a dangerous condition exists that the restaurant owner did not have time to discover or was not aware of, they are not likely to be held liable for resulting injuries. For example, if a drink is spilled and someone immediately slips and falls in the liquid, the owner may not be held liable.
Do I Need a Lawyer To Represent Me in a Restaurant Injury Lawsuit?
If you have been injured in a Florida restaurant, you should consult with a Florida personal injury attorney as soon as you can. Your lawyer will be able to make an evaluation of whether you have a legal claim, investigate what led to your injuries, and represent you in negotiations and court.
Your personal injury attorney will take care of your legal needs so you can focus on your recovery. If the business offers you a settlement amount, your lawyer will help ensure a fair amount is offered.
You can easily use LegalMatch.com’s free lawyer matching services to find a Florida personal injury lawyer near you who can help you get compensation for your injuries. In these types of cases, attorneys commonly provide free initial consultations, which can allow you to get an idea of the compensation you may be able to obtain.
