Whether you’re visiting a fine dining establishment or a fast-food joint, going out to eat should be an enjoyable experience. However, due to the fast-paced nature of these environments, they can sometimes pose risks to patrons. Spilled drinks, dim lighting, and slippery floors are all hazards that can lead to slip and fall accidents that result in serious injuries. If you suffered harm in a slip and fall at a restaurant, you may be entitled to hold the establishment responsible for its negligence — and the damages you sustained — in a personal injury lawsuit.
Causes of Restaurant Slip and Fall Accidents
Restaurants have a legal duty to ensure that their premises are kept in a reasonably safe condition for patrons. If a restaurant owner, manager, or staff member knew about a slip and fall hazard and failed to remedy it in a reasonable time, the restaurant may be held liable for any injuries that arose as a result. A restaurant can also be held responsible if management should have known about the dangerous condition through reasonable inspection.
Some common causes of restaurant slip and fall accidents can include the following:
- Spilled food or beverages
- Newly mopped floors
- Loose rugs
- Worn carpeting
- Grease spills
- Precipitation accumulation in vestibules
- Obstructions in walkways
- Leaking pipes
- Poor lighting
Liability for a slip and fall at a restaurant can be complex. In some cases, the property may be owned by another individual or company, and the restaurant may be a tenant. If a known defect on the premises was the cause of the accident, the property owner may also be named a party in a personal injury lawsuit. While a restaurant will often try to blame the patron and argue that their conduct contributed to the accident, under New York’s comparative negligence law, the patron would still be able to recover for their damages — minus their share of fault.
Compensation for a Slip and Fall at a Restaurant
A slip and fall at a restaurant can cause a patron to sustain serious injuries, including broken bones, hip fractures, nerve damage, soft tissue injuries, traumatic brain injury, paralysis, and permanent disability. These types of injuries can require extensive medical treatment, physical rehabilitation, and even surgery. A victim might also incur a substantial amount of out-of-pocket expenses and have to take time from work while they recover.
By filing a personal injury action against a negligent restaurant or property owner, a victim may be eligible to recover for the economic and non-economic losses they suffered. Compensation in a lawsuit for a restaurant slip and fall accident can include the following damages:
- Unreimbursed medical expenses
- Future medical treatment costs
- Lost wages
- Future lost earnings
- Out-of-pocket costs
- Pain and suffering damages
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
It’s critical to ensure a restaurant slip and fall case is carefully documented and the necessary evidence is collected. While a victim’s medical records are the foundation of every personal injury matter, other vital evidence in a restaurant slip and fall can include photographs of the hazardous condition, security surveillance footage, maintenance or repair logs, witness testimony, and incident reports. While every slip and fall accident is unique, a personal injury attorney will know how to evaluate the facts and circumstances of a case and obtain the evidence needed to support a specific claim.
Contact an Experienced New York Personal Injury Attorney
If you were injured in a slip and fall accident at an eating establishment caused by the restaurant’s negligence, you may be able to recover your economic and non-economic damages in a personal injury lawsuit. An experienced personal injury attorney can best advise you regarding your legal rights and the remedies available in your case. The Dearie Law Firm, P.C., has represented victims of negligence for over three decades and provides trusted advocacy to obtain the best possible results in every case. Contact us today for a consultation.