Dining Dangers: What to Do After a Restaurant Slip and Fall

Slip and fall accidents are very common in the United States. Statistics show these accidents account for at least 8 million emergency room visits annually in the United States. If you or your loved one has been injured in such an accident, you may be eligible for compensation.

Common Causes for Slip and Fall Accidents in Restaurants

One of the most common accidents in restaurants can be slips and falls due to unclean or unsafe floor surfaces. Patrons of busy restaurants with staff rushing around can be particularly prone to slipping or tripping and falling on spillages, water, or ice on the floor. Common causes of falls in restaurants include: 

• Spilled beverages and food on the floor
• Hazards in restrooms
• Uneven flooring
• Extension cords or electrical wires 
• Missing handrails
• Bad lighting
• Potholes in the sidewalk or parking lot

The potential for accidents and injuries in restaurants is endless. Regardless of the reason for your injury, contacting an experienced slip and fall lawyer at Morgan & Morgan can help you learn your options. You could be entitled to compensation for your medical expenses and other losses.

How to Prove Negligence in a Restaurant Slip and Fall Case

To prove negligence after a slip and fall in a restaurant, you must demonstrate the following:

Duty of Care

Restaurants are responsible for maintaining safe premises. They owe a duty of care to patrons, which means taking reasonable steps to prevent potential hazards, like cleaning up spills promptly and maintaining clear and safe walkways.

Breach of Duty

A breach of duty occurs when the restaurant fails to fulfill its duty. For example, if a staff member overlooks a wet floor without placing caution signs, this could be seen as a breach. In a real-world case, a restaurant may neglect to clean up a spill or provide mats in an entryway during rainy weather, leading to a slippery floor and increasing the risk of falls.

Causation

Proving that the restaurant’s breach of duty directly caused your injuries is crucial. If you slipped on an unmarked wet floor and hurt your back, you must connect this fall directly to the restaurant’s negligence. Medical records and witness statements can help solidify this connection.

Damages

Finally, you must demonstrate that the accident caused specific injuries. Medical bills, records of time missed from work, and documentation of pain and suffering prove damages. 

What Should I Do After a Slip and Fall Accident at a Restaurant?

Here are some critical steps to keep in mind if you get injured in a slip and fall accident at a restaurant:

Seek Immediate Medical Help

Call 911 immediately and request an ambulance if you have suffered severe injuries. Do not attempt to move if you are in serious pain. Moving could make the situation worse for you. Even if your injuries seem minor, it is important to be seen by a medical professional, as it may help substantiate your case.

Collect Evidence

Taking photos of the accident scene, including any hazards the restaurant staff should have addressed, may help support your claim. Gathering any witness statements and contact information may also help.

Contact a Slip and Fall Lawyer

A slip and fall attorney will evaluate the specifics of your case and let you know how to proceed. Since each slip and fall case is unique, the attorney will provide legal advice tailored to your case.

Common Defenses Used by Restaurants in Slip and Fall Cases

Restaurants and their insurance companies often use specific defenses to counter a slip and fall restaurant lawsuit. Common defenses include:

Claiming the Victim Was Distracted

The restaurant might argue that you were on your phone, not watching where you were going, contributing to the fall. This defense shifts some blame to you.

Contending the Condition Was Obvious

A restaurant may argue that the hazard was visible and could have been avoided, like an easily visible obstacle. This defense often holds if the condition is deemed “open and obvious,” reducing the restaurant’s responsibility.

Asserting Comparative Negligence

In some states, restaurants may argue for “comparative negligence,” claiming you share partial responsibility for the accident. If successful, this could reduce your compensation based on your share of fault.

Some other defenses that the restaurant may use are:

• The plaintiff was at the property illegally, e.g., trespassing
• The plaintiff was responsible for the slip and fall, e.g., wearing unsupportive shoes
• The defendant had warned the plaintiff about the imminent danger, but the plaintiff ignored the warning
• The defendant did not have enough time to remove the dangerous condition
• The defendant did not owe the plaintiff a duty of care

A slip and fall lawyer will help you navigate the claim and protect your rights.

Who Is Liable for Slip and Fall Accidents in Restaurants?

The issue of liability will depend on the unique circumstances of your case. 

The Restaurant Owner

You may be able to hold the restaurant owner liable for your injuries. This is especially true if you are injured because the restaurant owner was negligent. For instance, suppose you slipped and fell due to poor lighting at the restaurant. In that case, the restaurant owner should have known about the poor lighting situation and taken the necessary steps to correct it.

Property Owner

You may also be able to hold the property owner responsible if you slipped and fell due to a dangerous condition caused by the property owner and not the restaurant owner. For example, the property owner might be liable if the restaurant had poorly designed stairs that increased the risk of slip and fall.

Property Management Company

Let's say a property management company owns the property, and the restaurant did not directly cause the slip and fall incident. In that case, rather than suing the property owner, the lawsuit might target the property management company in charge of taking care of the property.

The Importance of Collecting Evidence Immediately After a Slip and Fall in a Restaurant

Collecting evidence immediately is vital to support your claim and protect your rights in a slip and fall case. 

Photos of the Scene

Take pictures of the area where you fell, capturing any visible hazards like spills, uneven flooring, or inadequate lighting.

Witness Information

Obtain contact information from anyone who witnessed the fall. Witnesses can provide statements confirming the presence of a hazard or the restaurant’s lack of response.

Medical Records

Seek medical attention promptly to document your injuries. Medical records establish a timeline and provide evidence of the injuries sustained.

Security Footage

If the restaurant has security cameras, request access to the footage. Security footage can show the accident in detail, strengthening your case by visually confirming the conditions at the time of the fall.

How Weather Conditions Impact Slip and Fall Claims in Outdoor Dining Areas

Outdoor dining areas are typically exposed to the elements, making them more prone to slip and fall incidents. Rain, snow, and ice may all contribute to unsafe conditions. While restaurants are not responsible for controlling the weather, they must minimize potential hazards. 

If it’s rainy, restaurants should place non-slip mats and mark wet surfaces to warn of hazardous conditions.

During winter, restaurants may need to clear snow and ice from walkways or place warnings about slippery areas. Some jurisdictions require establishments to salt or sand outdoor areas to reduce ice-related hazards.

If a restaurant neglects these precautions, they may be liable for accidents caused by unsafe conditions.

What to Expect When Suing a Restaurant for Slip and Fall Injuries

Taking legal action against a restaurant for a slip and fall injury typically follows these steps:

Consult a Slip and Fall Lawyer

An experienced attorney, like those at Morgan & Morgan, can evaluate your case, gather evidence, and advise on potential compensation.

File a Claim

Your attorney will file a formal complaint against the restaurant, which may lead to negotiations with the restaurant’s insurance company.

Negotiation

The insurance company may often attempt to settle out of court. Your attorney will negotiate to obtain a fair settlement that compensates for your injuries.

Discovery Process

If a settlement isn’t reached, both parties exchange information, including evidence, witness statements, and medical records, in a discovery process.

Going to Trial

If the case goes to court, it could take several months to a year. Both sides present their arguments during the trial, and a judge or jury decides the outcome.

The timeline of slip and fall cases varies widely. Negotiations may resolve the case within a few months, but if it proceeds to trial, it could take one to two years or more.

Restaurant Slip and Fall Accidents: Frequently Asked Questions

What should I do if there were no witnesses to my slip and fall accident in a restaurant?

If there were no witnesses, gather as much evidence as possible to support your claim. Take photos of the accident scene, including any visible hazards like spills, uneven flooring, or poor lighting. Notify the restaurant manager immediately so they can document the incident in an accident report, which records your injury. Seek medical attention to document your injuries, and keep any medical records and receipts related to your treatment. These steps can help build a strong case even without witness statements.

How do I prove that the restaurant was responsible for my injuries if the dangerous condition was temporary, like a spill?

To prove liability for a temporary hazard, you must show that the restaurant knew about the hazard (or should have known) and failed to address it in a reasonable time. Evidence can include statements from staff members, video footage showing the spill’s duration, and records of previous incidents or maintenance practices. The restaurant’s cleaning and hazard prevention policies can also support your case if they demonstrate negligence, such as neglecting to follow regular inspection schedules or failing to place warning signs.

Can I still recover damages if I was partially at fault for my slip and fall accident in a restaurant?

You may still be able to recover damages, even if you were partially at fault, depending on your state’s laws. In states with comparative negligence, your compensation may be reduced by your percentage of fault. For example, if you’re found 20% responsible, you could still receive 80% of the damages awarded. However, in states with modified comparative negligence, you may not be eligible for compensation if you are found to be more than 50% at fault. It’s best to consult an attorney to understand how fault may impact your case.

What are my legal options if the restaurant’s insurance company offers a settlement that seems too low?

If the settlement offer seems too low, you can negotiate or deny it. Your attorney can help you assess the fair value of your claim and negotiate with the insurance company on your behalf. You may proceed to court to seek a higher award if negotiations stall. Filing a lawsuit can be a way to secure adequate compensation, but keep in mind that it may extend the timeline of your case.

How does the presence of surveillance cameras help or hurt a slip and fall claim?

Surveillance footage can significantly support your slip and fall claim, as it may capture the hazardous condition, the accident itself, or how long the condition existed. If the footage shows that the restaurant neglected to address a visible danger, it could strengthen your case. However, if the footage reveals you were distracted or behaving recklessly, it could weaken your claim. An attorney can review the footage with you to determine how it affects your case and help present it most favorably.

Can I file a claim for emotional distress after a slip and fall accident in a restaurant?

If the accident caused significant psychological trauma, anxiety, or distress that impacts your daily life, you may be able to file a claim for emotional distress. Documentation, such as therapy records or statements from mental health professionals, is essential to prove emotional distress. Emotional distress claims are often part of a broader personal injury claim and can increase the compensation you may receive.

What happens if the restaurant goes out of business before my slip and fall claim is settled?

You may still have legal options if the restaurant goes out of business. In some cases, the restaurant’s insurance policy remains valid and may cover your claim even after the business closes. Your attorney can work with the insurance company to pursue compensation. If insurance is unavailable, you might consider alternative legal avenues, but recovering damages may be challenging without the restaurant’s assets or active insurance. Consulting an attorney is crucial for understanding your options in this scenario. 

Morgan & Morgan Can Help

Morgan & Morgan slip and fall attorneys can fight for you when no one else can. We have been in the industry long enough to know the tactics the defense uses to avoid liability. For this reason, you can count on us when you need a powerful and aggressive team of attorneys to fight for you.

Ready to claim your deserved compensation? Fill out our free case evaluation form to get started.