Going
to a restaurant should always be a pleasant experience. Getting anything short
of optimum service should be inconceivable, so imagine how unforgivable it
would be to go for a comforting meal only to end up with something like food
poisoning! Unfortunately, injuries can be a common occurrence in restaurants.
Whether it's due to consuming bad food or suffering from an accident, you may
sue the restaurant for the damage you've suffered due to their negligence.
However, building a case is not always black and white. It's important to
understand the liability extent and limits before deciding to sue. That being
said, here's everything you need to know.
Common
Restaurant Illnesses and Injuries
Getting
food poisoning from eating bad food is not the only kind of damage you may
suffer in a restaurant. You may slip and fall on a dirty and slippery surface,
cut yourself on broken glass, get exposed to danger in a poorly lit restaurant
garage or parking lot, or get burned by hot beverages and food spilled on you
by inexperienced servers. Other forms of damage can come from a restaurant
owner's and management's negligence of providing a safe place, such as dram law violations
and negligent security. Whether you've been a victim in the restaurant or the
restaurant has directly caused your injury, you may be able to get compensated
for the damage you've suffered by filing a lawsuit against the
restaurant.
When Are
Restaurants Liable for Injury?
Unfortunately,
suffering from an injury due to a restaurant's negligence is pretty common.
Everyone still remembers the 2015 Chipotle restaurant incident where more than
500 people around Virginia got sick from eating contaminated food. In similar
situations, it would take a personal injury
attorney, Richmond and Virginia-located, to gather the facts and help the victims
build a strong case. Generally speaking, a restaurant can be held liable for
negligence if all factors of negligence are proven and if this negligence is
directly correlated to the injury suffered.
This
means that you'll have to provide evidence that the injuries you've sustained
resulted from the actions, or omission, of the restaurant. Your evidence should
point out how these injuries were foreseeable by the restaurant owner and
management and how they were negligent to the safety and care standards that the
restaurant should have upheld. You'll also have to link the negligent actions
directly to your injury and provide measurable proof for the damage you've
sustained, such as providing medical bills.
Liability
Limits
However,
there are a few limits to proving a restaurant's liability. For instance, the
restaurant won't face any liability if the victim was injured while wandering
off into a restricted area. In case the injury sustained was caused by a third party,
the restaurant won't be held responsible, either. Furthermore, accidents that
result despite the warning of the restaurant and its staff fall out of the
liability boundaries. Generally speaking, any incident that involves you contributing
to your own injury will either deny the claim or limit the compensation you get.
Such is the case if the injured person had been warned about hot surfaces and
they ignored the warning, thus suffering from a foreseen burn.
Other
liability limits involve unforeseeable circumstances. This is the case with
injuries that arise from the sudden onset of natural disasters, like
earthquakes, or dangerous situations in which the restaurant didn't have enough
time to manage the damage. For instance, if another customer spills their food
and you slip and fall immediately as a result, the restaurant won't be held
responsible.
Building
Your Case
Building
a strong case can be difficult, but here's how you can ensure that you have
everything ready:
1.
First of all, you should call for help immediately. Don't leave
the restaurant; call the manager over instead, and report the situation. Call
911 if the injury is severe.
2.
Look around for witnesses, get their testimonials, let them sign
and date the statement, and ask them if they'll be willing to testify about the
incident later on.
3.
Use your phone to document the scene of the accident by taking
pictures, videos, and audio records.
4. Keep a
record of everything taking place, as well as the names and contact information
of the witnesses, managers, waiters, and any present individuals.
5. Most
importantly, keep your medical records well maintained and ready to provide for
your lawyer. These are the most important pieces of evidence to strengthen your
case.
If
you succeed in building a strong case, you'll be able to sue the restaurant for
negligence. The restaurant will then be held responsible for compensating you
for the medical bills, out-pocket expenses, lost wages, and pain and suffering
you've endured as a result of their negligent actions. However, it's important
to understand when you can sue the restaurant for negligence and when the
liability falls elsewhere.
Allen Brown is a dad of three kids and is an avid writer covering a range
of topics, such as internet marketing, SEO, and more. When not writing,
he's found behind a drum kit.
