Imagine leaving your favorite restaurant after enjoying a great meal. You’re ready to leave and shout to the world that they should eat at the same restaurant.
Then, all of a sudden, you slip and fall and injure yourself. You’re probably upset at this negligent restaurant for not keeping their floors safe for walking.
But you want to know if you can file a slip and fall lawsuit? If you slip and fall in a restaurant can you hold the owner accountable?
Here’s how you bring about slip and fall claims:
Learn About Premise Liability
All restaurants are subject to premise liability. This means that they have a certain liability for any outsider who came to the restaurant with permission.
For example, any customer who enters during work hours must be protected by the restaurant. Exceptions exist, but if you slip and fall at the restaurant then you can sue the restaurant.
You can learn more about premises liabilty lawyer if you want to file a case.
What Constitutes Negligence?
Before you can sue, however, you have to prove that there’s negligence on the part of the restaurant.
As mentioned earlier, the restaurant must have owed you a duty of care. This means that you were given permission to enter the restaurant. As a result, a trespasser wouldn’t be eligible for suing.
You also have to prove that the restaurant was negligent in taking care of you. This can include not drying the floor which caused your slip and fall.
The final factor is that you received serious injuries from the slip and fall. A simple slip and fall, in most cases, isn’t sufficient to sue for negligence.
What Works Against You
You must know that the restaurant owner can find ways to prevent you from suing. In some cases, their argument might work. There are certain scenarios where you won’t be able to sue.
For example, let’s say you spill your drink on the floor. Let’s then assume you step in the puddle before an employee can come to clean the mess.
If you slip and fall, then you’re being negligent in this case. You won’t be able to sue in this case.
Let’s assume you slipped because you didn’t tie your shoelaces. In this case, you might get blamed even if the floor was wet.
If there are warnings and you ignore them then you’re also at fault. For example, if the restaurant has caution signs spread out and you still don’t take caution then you’re being negligent.
That’s How You Make Slip and Fall Claims
Now you know how to make slip and fall claims when you’re in a restaurant.
A restaurant has a premise liability and has to offer a duty of care to its patrons. However, you must still prove that they were negligent if you want to file a case.
You must also prove that you weren’t negligent. If the restaurant shows that you were negligent then you might not be able to file a lawsuit.
If you’ve got a thirst for justice, make sure you check out our other legal guides on our blog.