If you suffered injuries in a slip and fall at a restaurant, you may be able to recover compensation for the damages that you sustained in that accident. Personal injury claims can be challenging, and you will need to have representation by a personal injury attorney.
An accident injury lawyer will be able to gather the supporting evidence and documentation that your claim needs. A successful personal injury lawyer will work to ensure that you have a case that is built on negligence.
If you are injured at a business, specifically a chain business, will be represented by a team of attorneys. Those lawyers will be looking out for their client and will make sure they pay you as little as possible. Your lawyer will look out for your interests and will ensure that you are treated fairly. Your lawyer will investigate the claim and review the details, determining how much you should receive as a settlement.
Here's What You Should Know
If you are injured in a slip and fall accident, those who either own the property or operate the business may be liable for your injury. In those instances, if an entity is negligent in making sure its establishment is free of any debris or hazards that could result in an accident, they are responsible for paying your personal injury claim.
That means they are responsible for:
- Medical expenses
- Time for any work missed
- Your pain and suffering
When you go into a restaurant where you sit down, place your order, and wait to be served, you have higher expectations for the establishment, which should be understood.
All retail establishments have responsibilities toward the customers. Among those responsibilities are ensuring that the facility is clear of any debris that could result in an accident that causes injury.
What to Do After You Slip and Fall in a Restaurant
If you slip and fell in a restaurant, the first thing you should do is to seek immediate medical treatment. The medical documents you receive will be important pieces of evidence if you decide to file a personal injury claim against the restaurant. The next thing you should do is to file accident claim, the accident claim documents the details of the slip and fall, as well as the circumstances behind it.
If you slip and fall in a restaurant, you should make sure that you have as much documents surrounding the slip and fall as you can. Make sure to gather any statements from witnesses, photographs of your injuries, as well as the exact location in which the fell occurred.
What Could Cause a Slip and Fall Accident in a Sit Down Restaurant?
There are many potential hazards in a sit down restaurant, but the risks can be reduced significantly or eliminated all-together if the management team and staff are alert and attentive.
A patron could slip and fall on a spilled drink, a water leak in the restroom, napkins or menus dropped on the floor, or dropped food. Attentive employees should pick up dropped napkins, papers, or wrappers right away.
If there is food or drink spilled on the floor, a wet floor warning sign should be placed immediately to warn of the dangers and someone should immediately clean up the area. The entire facility, including the dining room, restrooms, and lobby should be checked to ensure any hazards are removed as quickly as possible.
If a hazard is discovered and it cannot be immediately addressed, there should be a warning for guests, such as a sign or the area should be closed off.
What Damages You Should Recover Through A Personal Injury Claim
When you pursue a personal injury claim after a slip and fall accident in a restaurant, you will want to maintain supporting documentation and show all your losses and damages. The liable party should cover all past, present, and future medical expenses.
Medical expenses include hospital bills, physician visits, prescriptions, medical devices, physical therapy, any ambulance bill, and any thing else related to medical expenses. If you need future medical care.
As an example, if you suffered a back injury that may require surgery in the future, you will want to be sure to add the cost of any future care into the total you want to be compensated.
You should provide documentation that shows your past, present, and future lost wages. For the future loss of earnings, you will want to provide documentation from your treating physician that indicates the severity of your injury and how it will affect you for the long haul.
You should provide pay stubs and the proof of your regular income along with evidence of how much work you missed and any future loss of work because of the injuries.
If you have medical expenses, you are entitled to receive pain and suffering. Your pain and suffering will be calculated by adding up your medical expenses – past, present, and future – and then using a multiplier. The multiplier – from 1 to 5 – is based on the severity of your injuries.
A soft tissue injury, such as whiplash or sprains and strains, will result in a lower multiplier such as 1 or 1.5. A more serious injury, such as a traumatic brain injury or a spinal injury, you will get a higher multiplier such as 5. That figure will be the compensation that you ask to receive for your pain and suffering caused by the slip and fall.
There could be other damages suffered. As an example, if you suffered a spinal injury that will require you to be on a walker or in a wheelchair, your home may need modifications, such as widened doors or a step-in shower.
You can ask that the costs of those modifications be included in the total that you are compensated for your slip and fall personal injury claim. Your lawyer will help you add up all your losses and come up with a total for your claim.
Duty Of Care Of A Restaurant
Restaurants have a duty of care. This duty of care, or a responsibility, involves maintaining clean, safe premises for its visitors. When you enter the restaurant, it is only normal to expect well-maintained, clean premises.
There are hazards, and spills and messes happen, but it is the responsibility of the restaurant staff to make sure that the problem has been corrected in a timely manner.
As an example, if you slipped and fell because of a spilled drink, and surveillance videos and witness statements reveal that the spill had been there for an hour and several employees had walked by it, then there was enough time for the problem to be addressed and you can show that restaurant was liable for your damages because they breached their duty.
Another example is that if there are loose tiles on the floor, the restaurant has a responsibility to promptly address the problem and make sure the repairs are made. Until the repairs are made, they must warn patrons of the problem by posting a sign or by roping off the area.
When your claim goes to court, you will need to show that the restaurant had enough time to take care of the problem or do something to warn customers of the problem.
The store/restaurant has a responsibility to protect its customers from any injury, so they need to make sure they keep the premises safe and address all areas of concern. They should have employees regularly monitoring the area and make sure any spills or threats are properly cleaned up. They will check to make sure any problems are taken care of as they should be.
What Should You Do If You Slip and Fall in a Restaurant
If you have been injured after having slipped and fallen in a sit down restaurant, the restaurant may be liable. You should consult with a personal injury lawyer to see if you have a personal injury claim.
If the restaurant’s employees were negligent, or if the restaurant and its employees failed to adhere to safety codes or standards, the establishment could be held liable for your medical expenses, lost wages, and pain and suffering.
A personal injury attorney will protect your rights and ensure you are treated fairly. He or she can determine what action should be taken and if the restaurant should be held responsible for any injuries that you may have suffered during the fall.
Make sure you have representation on your behalf before trying to deal with insurance adjusters or company executives.