Injured at a Restaurant? Know Your Legal Rights and Options

There is nothing better than relaxing in a nice restaurant with excellent food and service after a hard day’s work. However, what if your night ends in the hospital due to a wet floor or broken stairs? You should not have to pay for a restaurant owner’s mistake. Restaurant operators are responsible for providing a reasonably safe environment for guests. 

If you got hurt due to a hazardous condition at the restaurant, you could sue a restaurant for your injury and recover damages such as wage loss, medical expenses, pain and anguish, and more. Our experienced restaurant injury lawyers can walk you through your options, identify your next best steps, and fight for the restaurant injury settlement you deserve. Contact Morgan & Morgan now for a free and confidential case evaluation to learn about your legal rights.

Causes for 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 

However, slips and falls are not the only way to get hurt in a restaurant. In establishments that lack proper food hygiene and storage, patrons could be at risk of contracting food-borne bacteria and illnesses, such as food poisoning. Reasons for food poisoning can include:

• Improperly handled food
• Contact with toxic substances
• Unsafe or polluted drinking water
• Improperly stored food
• Insect pests and animal droppings

The potential for accidents and injuries in restaurants is endless. Whether you were scalded by hot liquids, slipped and fell, or suffered food poisoning, you could be entitled to damages. Regardless of the nature of your injury, consider speaking to our experienced personal injury attorneys to clarify your options. You could be entitled to compensation for your medical expenses and other losses.

Common Injuries in Restaurants

A severe fall can lead to permanent injuries and even death. According to the Centers for Disease Control and Prevention (CDC), falls can be particularly risky for older adults who may have to give up living independently after a severe injury. Significant injuries in restaurant slips and falls can include: 

• Damage to the neck and spine
• Head and brain injuries
• Broken bones
• Musculoskeletal injuries

While complications from food-borne bacteria and diseases are relatively rare, they can impact some individuals severely and cause various problems, including:

• Arthritis (salmonella and campylobacter)
• Kidney damage and kidney failure (E.coli)
• Stillbirth and miscarriage (Listeria)
• Meningitis

Moreover, older or chronically ill individuals could suffer devastating consequences and even die from food-borne illnesses. Figures from the CDC show that Norovirus, the leading cause of food-borne disease in the US, causes 900 deaths each year, mainly in the 65 and over age group. 

Injuries from falls can come with astronomical medical and care bills, particularly if the victim is permanently disabled and needs round-the-clock care. If you or a loved one suffered harm due to a restaurant’s carelessness, you could be entitled to a restaurant injury settlement. 

Your Next Best Steps After a Restaurant Injury

Acting promptly can be critical for protecting your rights if you or a loved one was harmed in a restaurant accident. Not all injuries are immediately apparent after a fall. Therefore, seeing a doctor as soon as possible can be an excellent idea even if you only experience minor symptoms. A doctor’s visit will also provide you with a medical report which will be necessary evidence if you have to file an insurance claim or lawsuit. Other best steps after a restaurant accident include: 

• Taking pictures of the accident location and your injuries
• Filing an accident report with the restaurant
• Asking witnesses for their contact details and statements
• Collecting evidence of your expenses in connection with the accident
• Calling an injury lawyer to identify your legal options 

Taking these critical steps can protect your health and legal rights after a restaurant accident. You could be suing a restaurant for injury and recover the compensation you need to get your life back on track. 

Compensation You Could Pursue

If a restaurant owner or operator is responsible for your accident and injury, you could qualify for damages, including: 

Medical Expenses

Depending on the severity of your restaurant accident and injury, the medical cost could be considerable and include surgery, medications, specialist appointments, diagnostic tests, physical therapy, and other expenses. You could seek reimbursement for all your medical costs, including an amount for future expected medical expenses.  

Lost Wages

A traumatic brain injury, fracture, or another significant injury could take weeks or even months to heal. If you miss work due to a restaurant injury, you could qualify for lost wages, and future lost earning capacity. 

Pain and Suffering

Serious injuries can be physically and mentally debilitating. If you experienced a significant or even life-changing restaurant injury, you could be entitled to considerable non-economic damages, such as:

• Physical pain and anguish
• Emotional distress
• Permanent disability
• Inconvenience
• Reduced life quality

Compensation will vary from one restaurant injury case to another, and you could be entitled to other and additional damages in your specific case. 

Can I Sue a Restaurant for Injury?

A restaurant is not automatically responsible for compensating anyone who happens to slip and fall on the premises. Therefore, not all accidents in restaurants qualify for personal injury lawsuits. However, you could have a case if you can prove that your accident happened due to the restaurant’s negligence. Claimants generally have to show that they fell due to a hazardous condition that the restaurant was aware of or should have been aware of but failed to act. 

The Restaurant Has a Duty of Care

Restaurant owners must take steps to ensure that their patrons are reasonably safe. This includes promptly addressing any hazards and significant maintenance issues or warning of dangers. Generally, to have a case against the restaurant, you have to show the following four elements of a personal injury claim:  

1. The restaurant owed you a duty of care
2. The restaurant breached duty
3. You suffered an injury and damages as a result of the breach

Wet or slippery surfaces often cause accidents in restaurants. If staff did not try to clean up the hazard or post a warning about the slippery floor, injured restaurant patrons could sue. However, many factors can play into a claim. For example, if a spill just happened, restaurant staff may not have had sufficient time to clean up. 

Since slip and fall restaurant accidents may be tough to prove, working with an experienced personal injury attorney can be critical for success.

Do I Need a Lawyer for a Restaurant Injury Claim? 

You do not necessarily need a lawyer to file a lawsuit. However, according to the American Bar Association (ABA), self-represented individuals are generally at a disadvantage. Victims often underestimate how complex, time-consuming, and challenging a lawsuit can be. Handling your own claim can be stressful, especially if you are still recovering from your injury. Moreover, without professional legal representation, you could struggle to get what you truly deserve and need. 

A slip and fall lawyer from Morgan & Morgan can handle your claim from beginning to end so you can focus on your health. We can build a case against the negligent restaurant, calculate your current and future expected damages, and ensure that the insurance company does not shortchange you. If the insurer does not agree to a fair out-of-court restaurant injury settlement, our experienced trial attorneys can fight hard for what you deserve in the courtroom. 

We never settle for less and fight for the maximum possible compensation for our injured clients. Why go it alone if you could have America’s largest personal injury firm fight for what you deserve?

How Much Is My Restaurant Case Worth?

The compensation types and settlement amount you can recover with a restaurant accident claim will be specific to your case. Factors contributing to what you could receive include: 

• The extent of your injuries
• Your wage losses and future expected income loss as a result of the injury 
• Your healthcare costs and out-of-pocket expenses

The best way to discover what your settlement could be worth is by working with an experienced personal injury attorney who can calculate your damages and determine what you are owed.

Who Can I Sue in a Restaurant Injury Case?

Restaurant accident claims can be straightforward if the restaurant owner also owns the property. However, in many cases, restaurants are located in shopping centers or malls, and the restaurant owner might lease the property from another individual or business. Depending on the circumstances of your accident, the restaurant operator and property owner could both be liable for your damages. You could potentially sue:

• The property owner
• The restaurant owner or operator
• A negligent third-party such as a maintenance contractor working in the restaurant

While in most restaurant accident lawsuits, the owner or operator of the establishment will be the defendant, you could have various defendants and avenues for pursuing compensation. However, you do not have to investigate this on your own. Our committed attorneys can determine all potentially responsible parties and hold them accountable for your injury. 

How Can a Morgan & Morgan Injury Lawyer Help Me?

Standing up to a restaurant owner or well-known national restaurant chain can be intimidating. Moreover, recovering a fair restaurant injury settlement without an experienced lawyer by your side can be challenging. We fight hard for the injured, whether your accident happened in a big brand-name restaurant or a little hole in the wall. Morgan & Morgan wants to hold those responsible for your injury accountable. Ways in which we can assist include:  

• Helping you get medical care
• Explaining your legal rights and options
• Assessing your injuries and damages
• Determining the worth of your claim
• Investigating your accident thoroughly
• Identifying all liable parties
• Gathering evidence to prove your case
• Filing a lawsuit and handling all necessary paperwork
• Negotiating a fair out-of-court settlement with the insurer
• Represent your case powerfully at trial where necessary

When we take your case, you pay nothing unless and until we win and recover compensation for you. Do not wait to seek help, as the time limit for restaurant injury claims could be short in your state. The sooner you let us evaluate your restaurant injury claim, the sooner you can receive what you deserve and move on with your life. 

Do I Have to Go to Court for a Restaurant Injury?

In most cases, personal injury victims never see a courtroom. However, while it is unlikely that your case will end in a trial, it is not impossible. Some factors can make it more likely for a claim to go to trial, including:

• Your medical and other expenses are high
• The parties cannot agree on a settlement
• The fault for the accident is unclear

While it is possible to resolve a case with an out-of-court settlement up to trial, claimants should be prepared to go to court to get what they deserve. Morgan & Morgan’s attorneys are experienced trial litigators who do not shy away from taking your case to trial to fight for the maximum possible compensation. 

Contact Us After a Restaurant Accident

When restaurant owners and big chains put profit over people, accidents are more likely to happen. Regardless of what type of accident and injury you suffered, whether a fall, food poisoning, scalding, or another incident, Morgan & Morgan is here to help. We want you to have the best chance of winning and putting your life back together. Contact us today for a free, no-obligation case review to determine whether you qualify for compensation.  

What are Differences in Mass Torts vs. Class Action Lawsuits?

As mentioned, the core difference between a mass tort and a class action lawsuit comes down to whether plaintiffs are represented individually or separately. But that one difference can lead to many other differences.

When an attorney files a class action lawsuit, they must define the members of the litigating class, and that class must be certified by the court. Each potential member must be notified about the lawsuit and given a chance to opt out if desired. Those who don’t are bound by the results and lose the right to file an independent suit later on.

There is no larger class defined in a mass tort. This allows individuals with similar grievances but unique circumstances to participate in the same trial. 

Additionally, individuals who are not represented at the trial don’t need to signal their intention to opt out. They simply aren’t considered part of the proceedings and are thus unaffected by the trial’s outcome.

Individuals in a mass tort are also free to opt out at any time. This is a major difference from a class action lawsuit, where members must opt out before the trial begins. Once it has, they’re locked into the suit and forfeit the right to change their minds.

How Are Damages Awarded in Both Types of Civil Action?

In a class action lawsuit, the method for awarding damages is determined at the same time the class is defined.

The method must be approved by a judge and usually calls for greater compensation for those who can show they suffered greater harm. 

When the jury assigns an award (or a settlement is reached), the sum is distributed as dictated by the method previously outlined. Class members have no grounds to dispute this result if they choose not to opt out of the lawsuit.

In a mass tort, every plaintiff fights for an individual award based on the merits of their case. This usually results in more significant damages but also comes with the risk of receiving no award if the case goes poorly.

It’s possible that every other plaintiff in the suit could win damages and you could win nothing if your lawyer makes a mistake or the evidence turns against you. By contrast, the members of a class action lawsuit rarely face such risks.

Can I Be Forced to Join a Class Action Lawsuit?

No. You always have the right to file a lawsuit on your own. But a class action lawsuit will likely take priority over individual lawsuits, as it could involve hundreds or thousands of people. Consequently, the defendant could be bankrupted by the class action lawsuit, rendering your independent lawsuit futile.

What Factor Most Influences Class Action or Mass Tort?

Numerosity, or the number of plaintiffs involved, is the factor that usually determines whether a case is filed as a class action suit or mass tort. If there are so many people involved in a claim that it becomes impractical for every plaintiff to be represented separately, the case will usually be reframed as a class action lawsuit.

This strategy increases the probability that each injured party will receive some compensation, even if the defendant doesn’t have the resources to pay all the claims in full. If the case ends up as a mass tort, many of the plaintiffs likely won’t get anything.

Morgan & Morgan Make Weighing Your Options Easy

If you’ve been harmed by another party’s actions or negligence, you may be entitled to financial compensation. 

The process is relatively simple if you’re the only person affected: You file a lawsuit, which ends in either a settlement or a court decision. But things get more complicated when multiple people have all been injured in similar ways by the same party.

Under these circumstances, you have more than one option for how to approach your case. You could join a class action lawsuit, file a mass tort suit, or pursue an individual lawsuit. It’s a decision that shouldn’t be made lightly or without the help of an experienced attorney.

Get in touch with the seasoned legal team at Morgan and Morgan to schedule a free case evaluation and learn more about your options for seeking compensation individually or as part of a group.