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What Happens When You Are Injured in a Restaurant?

Submitted by pec on

Restaurant owners and managers are expected to maintain safe conditions for their patrons. If you are injured while in a restaurant and believe that this happened because of negligence, you may be able to file a personal injury claim to recover compensation for the cost of your injuries. As part of restaurant owners’ license to operate they must have premises liability insurance to cover them in the event of a serious accident on their premises. A personal injury attorney can help you with a claim.

What is a Personal Injury Claim?

A personal injury claim is a claim for compensation following an accident caused by another party’s negligence. The claim may be as simple as an insurance claim made with the at-fault party’s own insurer, but may also take the form of a lawsuit, filed in a civil court. Not all such personal injury lawsuits involve a court appearance, as the majority is settled after negotiation with the defendant, the defendant’s insurer and legal representative.

Slip and fall accidents are the most common types of accidents in a restaurant. These accidents involve someone slipping and falling over, causing an injury or injuries to the victim. Common causes of such a slip and fall accidents in a restaurant are slippery floor surfaces, caused by spilled liquids or food.

Is the Restaurant at Fault for My Injury?

The restaurant owner or manager may be judged to be at fault if it can be proven that their negligence caused the accident and your injury. Negligence may be considered to have occurred if a party had duty of care but failed to prevent an avoidable accident that caused someone harm.

Typical examples of negligence in a restaurant slip and fall accident include:

  • Not clearing away or removing a slippery hazard on the restaurant floor even though the hazard is known about;
  • Not erecting a warning sign or a barrier around the hazard, even though the hazard has been recognized.

What to Do If You Are Injured At a Restaurant

The most immediate step you should take is to seek medical attention as soon as is practicable. As a minimum you will need a doctor’s report detailing the nature of your injury or injuries. Keep a record of any documentation you can get of any medical treatment you have following the accident.

Wherever possible, you should try and obtain whatever other evidence you can which can help support a possible future personal injury claim. Such evidence might include things like:

  • photos taken of the hazard that cause the accident and your injuries at the time of the accident;
  • eye witness statements from restaurant patrons or staff;
  • note of any security cameras in the restaurant that may have recorded the accident happening.

As soon as your injuries permit, you should file a claim with the restaurant owner’s insurer, giving details of the incident, why you believe it was caused by negligence and the amount of compensation requested.

Get Connected With a Personal Injury Lawyer

It can be hard going through with a personal injury claim all by yourself. A personal injury attorney can help you with your claim. Fill out the Free Case Evaluation to get connected with an independent participating attorney who may be able to help with your case.