Restaurant Injury Attorney


Going to a restaurant can be for a lunch meeting at the greasy spoon, or dinner with the family, Or it could be a special occasion at your favorite hideaway. These are good reasons to go to a favorite eatery. But many things can go wrong with something so innocent.

Woman with food poisoning
Woman with foodborne illness throwing up in a toilet

Table of Contents:

Topping the list are:

  • Slipping and falling.
  • Spilling of scalding liquids on patrons.
  • Allergic reactions.
  • Choking on a bone that should have been removed from the meal or meat during the prepping process.
  • Food Sickness (read more.)
  • Distracted eating and driving after a to-go order pickup,
  • But other types of harm can be caused in a restaurant to the patron, who is expecting to have an enjoyable meal or glass of wine.

Ehline Law Firm has experience in suing dining facilities, and with our outstanding record of prevailing in and out of court, we are second to no one in motivation and desire to win you big money for your injury cases.

What are the Restaurant Owner's Duties of Standards of Care?

The owner of a restaurant has a duty to:

  • Ensure reasonable safe conditions for patrons
  • Warn customers of hidden dangers
  • Supply safe furnishings.

If the owner does not meet these standards of making areas of the restaurant safe where patrons and employees can be expected to go in the building, then the owner can be held liable.

The owner who wants to avoid being negligent in this duty is required to:

  • Make sure the entrances and exits to the establishment are safe, including fire exits are in proper working order if there is one.
  • Ensure there are no defects in the floors, such as cracks, bumps, or threadbare carpeting that creates a hazard.
  • Establish the flooring in the establishment is not slippery to avoid slip and fall accidents of patrons or employees.
  • Furnishings should be inspected and maintained to make individual chairs, seats, and stools are in good condition and not dangerous.

What Are The Restaurant's Limits of Liability?

When a patron of a restaurant is harmed, for the owner to be held liable for negligence, the boo boo, or impairment must have been caused by the owner’s actions. Or at least caused by them not adhering to the duty of reasonable safe care.

These actions can be from or by not acting. In any event, here, the owner created an unreasonable risk, rather than an unforeseen and unavoidable event.

The one hitch in this is the owner may not be held liable if the hazardous condition is visible enough that all people entering the establishment should notice it.

And this defect must not have existed long enough for the owner to discover or correct the danger.

  • In a situation of this type, the owner usually will not be liable, such as a broken water pipe that soaks the carpeting in a restaurant. This would not be something the owner could stop or notice instantly while it is affecting the carpeting.

But a duty could arise when it creates a hazard for patrons walking on the carpet and the area. So the danger should be marked upon discovery, to warn the customers of the dangerous risk.

Otherwise, your money recovery may be limited for:

  • Contributory negligence, and
  • Assumption of risk

What is the Owner's Responsibility?

The owner of a restaurant can be held responsible when their lack of actions harms a customer or employee.

  • For example, when they caused or created conditions, they had a standard of duty to ensure they were safe.
  • So this could be improperly maintained chairs that pose a danger to the customer.
  • The owner may be held responsible for the actions of one of the employees, such as an employee assaulting a customer.

The employer is responsible for the employees' actions on the premises.

  • But if the incident causing harm was in the form of humiliation, such as being insulted by an employee, there is no legal claim.

The other side of this is, if a third party assaults the customer, then the owner cannot be held responsible for another patron's actions in some cases, such as the negligent provision of security.

But the Owner Must Know or Should Have Known?

Unless the owner witnesses the event or becomes aware the situation could escalate and does nothing to correct it, there is no fault.

  • Also, this could be an intoxicated customer, who threatens customers or takes actions to physical assault another customer.

The one possibility of holding the owner responsible along with the customer is if it was apparent the person was intoxicated.

  • If another person were acting in a threatening manner but was not asked to leave the establishment, then liability would also attach.

How Do You Contact a Restaurant Injury Lawyer?

When an individual is harmed or hurt while at a restaurant, it is prudent to consult a restaurant injury lawyer. If you have this type of event take place, speaking to a qualified legal professional can ensure whether you have a claim.

The Ehline Law Firm lawyers have expertise in this area of the law; they are skilled negotiators and litigators, who can help your case. Contact the law firm today for a free consultation to learn your rights and how to proceed with your claim at (213) 596-9642.