Restaurant Injury Accident Lawyers – How to Bring a Legal Claim

Our restaurant injury attorneys help customers receive the maximum financial settlement for the harm suffered at an eatery, such as a slip-and-fall or food poisoning. Our experienced accident lawyers:

• help you receive medical care and manage your ongoing medical treatment,
• gather evidence of wrongdoing, negligence, products liability, and premises liability,
• file a restaurant injury lawsuit with an at-fault party’s insurance company,
• negotiate that claim with the insurance adjuster, and
• uncover hidden value in a case to maximize your payout.

Restaurant Accidents Causes

Restaurant accidents that lead to serious and even catastrophic injuries are a daily occurrence in the U.S. Typical causes include:

• slip and falls (for example, on loose carpeting),
• food poisoning,
• allergic reactions,
• choking on items (such as bones) that should not have been in the food,
• scalding liquid spills (causing scarring burns),
• assault and battery,
• knockdowns in the parking lot, or
• car accidents in the parking lot.

Even if you partly contributed to your accident, you may still be able to recover damages under your state’s comparative negligence laws.

The following bubble graph shows common restaurant injury causes:

Who can I sue?

After a restaurant accident, personal injury attorneys typically file suit against either:

• the restaurant owner,
• the restaurant’s parent company,
• the property owner of the land the restaurant sits on,
• the supplier or distributor of food and restaurant equipment,
• restaurant staff, and/or
• other patrons or customers in the eatery.

What money can I get?

Following a successful restaurant injury lawsuit, the defendants should compensate you for your:

• medical expenses,
• lost wages,
• lost earning capacity,
• property damage, and
• pain and suffering.

In cases where the victim died, their family can bring a wrongful death lawsuit in pursuit of:

• burial and funeral expenses,
• amounts the deceased would have earned as income, and
• compensation for the loss of the deceased’s companionship and support.

What are a restaurant’s obligations?

The owner of a restaurant has the duty to keep its premises safe for staff, customers, and prospective customers. Ten examples of when owners breach this duty are when:

1. they fail to follow food safety and hygiene laws and regulations;
2. they fail to keep the premises up to code, including entries and exits, fire escapes, flooring, etc.;
3. they neglect to keep the sidewalk in front of the restaurant clear of snow, ice, uneven pavement/concrete, or other slip-and-fall hazards;
4. they take too long to remedy a hazard that they have – or should have had – actual or constructive notice of;
5. they hire unqualified staff (“negligent hiring”);
6. they overwork and/or under-train staff, which leads to them making mistakes that could harm customers or each other;
7. they use broken or unstable furniture (chairs, tables, bar stools, etc.);
8. they fail to kick out customers who are exhibiting dangerous or aggressive behavior;
9. they fail to hire security or otherwise protect patrons from assault, battery, theft, and other foreseeable criminal acts by third parties (such as by gangs that are known to congregate next to the restaurant); or
10. they lack and/or fail to follow other safety protocols.

What should I do if I am injured in a restaurant?

The five things to do if you are injured in a restaurant are:

1. DO NOT ADMIT FAULT!
2. Get medical help, and save all your medical records, diagnoses, and doctors’ bills.
3. Document the accident scene with photos and videos, and take down the contact information of any eyewitnesses.
4. Write down everything you remember as soon as you can since memories fade quickly.
5. Contact a personal injury attorney right away as you have a limited time to bring a lawsuit.