Dining at a restaurant is, more often than not, a pleasurable experience. But, like anything in life, there is always the possibility that something can and would go wrong. If you were injured at a restaurant, either due to an accident, getting burnt, food poison or assault by an employee, you may be in a position to sue the owner for damages incurred. Sometimes, these incidents are merely accidental or the fault of the customer. However, there are many instances where the cause of being burned in a restaurant environment is the direct result of negligence on the part of the owner, operator or employees.
If you or a loved one has been injured due to the negligence of restaurant staff, it is imperative to discuss your situation with a personal injury lawyer at (310) 894-6440.
As customers, we expect restaurant facilities to be well-maintained. Unfortunately, negligence amongst restaurant staff often results in the area becoming dangerous. The following are some common ways restaurant staff members are careless in their jobs:
If you have been injured due to one of these forms of negligence, the party at fault should be held responsible under the law. Whether the accident was the fault of a janitor, busser, waiter, or manager, you may be eligible for compensation.
First, it’s imperative that you understand what is expected of a restaurant owner. There are several things that, by law, the owner of a restaurant must provide for his or her customers. If the owner is found negligent in any of these duties, he may be liable for damages.
Above all, they must provide a safe environment for their patrons. This includes a proper entrance and exit, clean, dry floors, proper signage to alert guests of any spills or uneven flooring, and properly maintained seating. Of course, these things only apply to areas where customers are allowed to go.
An owner may also be responsible for damages if a member of his or her staff physically assaults a customer or if he or she fails to remove a threatening third party from the premises. For example, if another patron randomly assaults you without warning or provocation, the owner may not be held responsible for the incident. However, the owner could be held responsible if that patron openly threatened you but was not removed by the owner or staff.
As an employee, the owner of a restaurant has certain responsibilities to you as well:
Your boss is never in any position to violate your rights or any laws associated with a work injury, and it is their responsibility to be aware of those rights and laws.
There are a few pieces of information you should document before you leave the restaurant:
A winning case always has a recognizable legal claim, meaning you must be able to specifically identify what caused your injury, such as food poisoning, premises liability, or negligent hiring. Without that, your personal injury case may not be successful.
Take the time to evaluate your injury. It’s not unheard of for courts to throw out frivolous lawsuits, so make sure your injury is severe enough to justify your case. To better your chances, write down everything: what happened to cause the injury, medical examinations, costs, etc.
Finally, don’t be afraid to ask yourself if the benefits of the lawsuit will outweigh the costs. Not only does it cost money to file a lawsuit, you’ll likely find it to be emotionally and mentally taxing.
Go to a doctor as soon as possible for a professional opinion of your injury. A medical professional’s opinion will hold up much better in court than yours since it validates your claim.
Finally, if you’re going forward with a personal injury lawsuit, seek professional help from a personal injury attorney, the sooner the better. The statute of limitations in California is two years, so you will need assistance making your case in a timely manner.
Based on the specifications of your case – the details of the accident, how severe your injury was, it is ultimately going to determine what you could be entitled to sustain based on your case. However, what you can be compensated for if your case prevails can often be put into several different categories.
The categories of compensation can include:
Medical bills: Should you win your case, you could be awarded compensation for medical bills you’ve had to pay as a result of your injury. This includes both past and future bills stemming from the injury, and can potentially cover expenses such as transport or in-home rehabilitation services.
Lost wages: Lost wages can be awarded if your injury has caused significant missed time at work, or has made you unable to perform your job. You could be entitled to even more lost wages if the injury leaves you permanently disabled and unable to find consistent work.
Pain and suffering: In some cases, the damages endured from physical pain and emotional suffering can be compensated to pay for therapy treatments.
Punitive damages: Punitive damages are awarded in more extreme cases, wherein the injury was caused by someone’s recklessness. They are awarded to try and dissuade the defendant and others from acting with that level of recklessness again.
Contact a Restaurant Accident Lawyer to schedule a free, no obligation initial case evaluation at (310) 894-6440. Our Restaurant Accident Attorneys will help protect your rights. And remember, You Don’t Pay until You Win, or You Don’t Pay At All!
If you are in need of a Restaurant Injury Lawyer to help you get appropriate compensation and medical care you deserve, you should contact an Restaurant Injury lawyer today. Our Restaurant Injury lawyers will help you overcome your injury or damage.
If you have any questions about the information provided above, please contact LAW MART. LAW MART is a Lawyer Referral that can provide you with a Restaurant Injury Attorney or law firm. If you do have any questions about a Restaurant accident attorney please contact us for a free Lawyer Referral Lawyer.
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