Setareh Law
December 29, 2024
Restaurant owners owe anyone who comes onto their property a certain degree of protection. If you’re injured while at a restaurant, you can invoke that protection to help you contend with the bills that come along with your recovery by filing a legal claim.
That said, the nature of restaurant accidents can be difficult to hash out in court. Should you have questions about what your post-accident recovery should look like, you can bring your concerns to one of our lawyers. We can work within the means of your accident to help you build a civil case.
Understanding Restaurant Liability
Restaurant liability refers to the legal responsibility of a restaurant owner or operator to ensure the safety and well-being of their patrons. This includes maintaining a safe environment, providing adequate security, and serving safe food and drinks. Restaurant owners have a duty of care to protect their patrons from harm, and failure to do so can result in liability for any injuries or damages that occur.
In California, restaurant owners are subject to premises liability laws, which require them to maintain a safe environment for their patrons. This includes ensuring that the premises are free from hazards, such as slippery floors, uneven surfaces, and inadequate lighting. Restaurant owners must also take reasonable steps to prevent crimes, such as assaults and robberies, from occurring on their premises.
If a patron is injured in a restaurant, they may be able to file a personal injury claim against the restaurant owner. To establish liability, the patron must show that the restaurant owner was negligent in maintaining a safe environment or that they failed to warn patrons about potential hazards.
Common Causes of Restaurant Accidents
Restaurant accidents can occur due to a variety of factors, including:
- Slip and fall accidents: These can occur due to slippery floors, uneven surfaces, or inadequate lighting.
- Food poisoning: This can occur due to contaminated food or improper food handling practices.
- Burns: These can occur due to hot food or drinks or fires in the kitchen.
- Assaults: These can occur due to inadequate security or failure to prevent crimes from occurring on the premises.
- Falls: These can occur due to uneven surfaces, inadequate lighting, or failure to maintain a safe environment.
Restaurant owners can take steps to prevent these types of accidents from occurring, such as:
- Maintaining a clean and safe environment
- Providing adequate lighting and security
- Ensuring that food is handled and prepared safely
- Training employees on safety procedures
- Conducting regular inspections to identify potential hazards
California Restaurants and Premises Liability
Accidents in California’s restaurants fall under the broader umbrella of “premises liability” accidents. Premises liability cases invoke the responsibilities restaurant owners owe to anyone who comes onto their property. Consulting with a personal injury attorney can help you understand your rights and navigate the complexities of premises liability cases.
That said, restaurants can categorize visitors on their property in different ways. These categories include
- Invitees
- Licensees
- Trespassers
So long as you are an invitee at the time your accident takes place, you can file a complaint against the restaurant for negligence. To be an invitee, you must be on a particular property with the intent of using its services as they were originally advertised.
Trespasser Rights and Restaurant Accidents at California Restaurants
Invitees and licensees in California’s restaurants both have more rights to protection than trespassers. That said, trespassers also benefit from a few accident protections throughout the state. No restaurant owner can take deliberately violent action against a trespasser on their property, or else they open themselves up to civil suits.
Similarly, children trespassing in a restaurant may be protected by the attractive negligence doctrine. This doctrine states that all property owners must take reasonable steps to keep their environments safe from wandering children. Those that don’t may face claims filed by an injured child’s parents.
Proving Negligence in a Restaurant Injury Case
To prove negligence in a restaurant injury case, the patron must show that the restaurant owner was aware of the hazardous condition or should have been aware of it. This can be established through evidence such as:
- Security camera footage
- Witness statements
- Medical records
- Photographs of the accident scene
- Expert testimony
The patron must also show that the restaurant owner failed to take reasonable steps to prevent the accident from occurring. This can be established through evidence such as:
- Lack of safety protocols
- Inadequate training of employees
- Failure to maintain a safe environment
- Failure to warn patrons about potential hazards
If the patron can establish that the restaurant owner was negligent, they may be able to recover damages for their injuries, including medical expenses, lost wages, and pain and suffering.
How to File a Premises Liability Claim in California
If you want to file a premises liability claim after a restaurant accident, you need to gather evidence elaborating on your losses. A personal injury lawyer can assist you in gathering the necessary evidence and building a strong case to prove negligence. More specifically, you and/or an attorney should investigate the scene of your accident for physical signs of negligence. You can also use video or photo evidence of your accident to prove that a restaurant owner bears the responsibility for your losses.
Once you have evidence on hand, you can use it to establish liability for your losses. Liability in a restaurant accident case usually falls on that restaurant’s owner. However, you shouldn’t name a party or institution liable for your losses unless you can prove a connection between them and your accident.
If you can use evidence to establish that aforementioned connection, all that’s left to do is indicate the value of your accident. You can do this by combining your economic losses, or billable losses, with your non-economic damages. Our team can help you calculate your non-economic damages and present evidence supporting your estimated compensation, if necessary.
California’s Personal Injury Claim Statute of Limitations
You have a limited amount of time to act if you want to pursue a civil claim for a restaurant injury in California. CCP § 335.1 lets you take two years from the day your accident occurs to bring your claim before a county clerk.
California institutes this deadline to keep its civil courts from getting backed up with cases addressing accidents that occurred years ago. If you’re not able to bring your claim forward within this amount of time, you may waive your right to restaurant accident compensation.
Discuss Restaurant Injury Compensation With Our Team
When you visit a restaurant as a guest, that restaurant has to offer you a degree of service and protection. If a restaurant fails to uphold these protections, you may be entitled to file a personal injury lawsuit to seek compensation for your losses. If a restaurant fails to uphold these protections, you and other injured loved ones may be entitled to compensation.
You can bring restaurant injury losses to the team with Setareh Law today. We’re available to discuss the extent of your injury and how you might pursue a civil suit in response. Call today at (310) 659-1826 or fill out our contact form for more information about our services. We also speak Spanish.
