I Slipped at a Restaurant and Was Injured. Can I Sue the Owners?

If you have fallen at a restaurant, there are some factors to consider before you decide to pursue legal action. Experienced personal injury attorneys understand the complex nature of personal injury cases, and they should be enlisted to help you navigate through the best course of action for your own situation and potential case.

Restaurants, just like any other businesses, are responsible for protecting their patrons from potentially dangerous situations. Wet floors, improperly marked remodeling sites, dropped food, inoperable elevators and slippery outdoor surfaces, such as the entrance and patios that are on the property premises, are just a few examples of potential danger to patrons.

It is the sole responsibility of a business to uphold reasonable standards of safety. This includes paying attention to damaged floors, shelves, doors or machinery. If management ignores problems or demonstrates no effort to fix them, then the business could be held liable for a resulting slip-and-fall injury and any related loss. Even if an establishment is fixing a necessary structure or element on its premises during business hours, accidents can still occur, and it is the responsibility of the establishment to post warnings regarding dangerous areas anywhere on the premises. If the construction or maintenance site is not properly labeled as hazardous, patrons may fall victim to injuries or even death.

In such cases, the business may be held responsible for the accident. Not all potential hazards are due to faulty structures or unlabeled risks. Some dangerous conditions may be naturally occurring, such as inclement weather that leads to unsafe parking lots or sidewalks and an increased risk of a slip injury. When a hazardous condition has manifested on property premises, it is the responsibility of the business to attempt to fix or label it. Even if the occurrence of the hazard is not due to carelessness, failure to attend to a dangerous situation may be deemed negligent.

In the event of a food, beverage or slippery product spill, then it is the responsibility of the owner or management to mark the area and clean up the mess. If the hazard is not corrected in a timely manner, the accident may pose a fall risk for customers. This risk carries over to restrooms, where a slippery puddle of soap or cleaning solution could pose a potential slip-and-fall injury.

Public businesses, restaurants or otherwise, have a responsibility to ensure that the any visitors to their property remain free from harm and safe. This does not mean that all premises owners abide by these regulations. Injuries, including a slip injury, that are caused by the negligent practices of a restaurant may result in the owner being held liable for any damages sustained due to such injuries. For more information contact an experienced San Jose personal injury attorney. Call Corsiglia McMahon & Allard, L.L.P., at (408) 289-1417 to schedule a free initial consultation today.