Restaurant Injury Accident Lawyers – How to Bring a Legal Claim

Our restaurant injury attorneys help customers who have suffered an injury at a restaurant. The reality is that people are injured every day across the U.S. in restaurant accidents. We help you receive the compensation you deserve for your losses.

You can suffer a restaurant injury in a variety of ways. Some of these include by means of

• slip and fall accidents,
• choking, and
• food poisoning.

A few common types of restaurant injuries include

• broken bones,
• concussions, and
• dislocations.

A skilled personal injury lawyer can help you file a restaurant injury lawsuit case so you can receive payment for your damages. These lawsuits are typically based on one of the following legal theories:

• negligence,
• products liability,
• premises liability, and
• wrongful death.

In addition, experienced accident lawyers can provide you with the following valuable services:

• help you receive medical care and manage your ongoing medical treatment,
• gather evidence of wrongdoing or negligence,
• file a personal injury claim with an at-fault party’s insurance company,
• negotiate that claim with the insurance adjuster, and
• uncover hidden value in a case to maximize your payout.

The Shouse Law Group is a California-based personal injury law firm that represents accident victims in restaurant injury cases. Our experienced restaurant attorneys and premises liability attorneys work tirelessly for all our clients and seek to get you the biggest settlement possible. Call today to get the legal representation you deserve.

What are common causes of restaurant accidents?

The U.S. full-service restaurant industry was an $80 billion industry in 2020.¹ Given the sheer magnitude of the restaurant business, it should come as no surprise that restaurant accidents are a daily occurrence in the U.S. Further, accidents can lead to serious and even catastrophic injuries.

Common causes of restaurant accidents include:

• slip and fall incidents (for example, on loose carpeting),
• food poisoning,
• allergic reactions,
• choking on items (such as bones) that should not have been in the food,
• scalding liquid spills for flaring flaming drinks,
• assault and battery,
• knockdowns in the parking lot,
• car accidents in the parking lot, or
• restaurant employees/restaurant management failing to maintain safe conditions (or performing some act that creates dangerous conditions).

Further, if you are injured in these cases, you could suffer from one of the following injuries:

• burn injuries,
• broken bones,
• lacerations,
• concussions,
• spinal cord injuries,
• hip fractures,
• knee injuries,
• torn ligaments, and/or
• dislocations.

Note that sometimes you may have contributed to your own restaurant accidents. In these cases, you are not automatically barred from recovering damages. You can still try to do so via your state’s comparative negligence laws.

Who can be held responsible for my injuries?

Personal injury attorneys typically file a lawsuit against one or more of the following parties in these cases:

• the restaurant owner,
• a restaurant’s parent company,
• the property owner of the land the restaurant sits on,
• the supplier or distributor of food and restaurant equipment,
• restaurant staff, or
• other patrons or customers in the eatery.

If you are successful in an injury claim or lawsuit, one or more of the above parties must compensate you for:

• medical bills and medical expenses,
• lost wages,
• lost earning capacity,
• property damage, and
• pain and suffering.

Sometimes a person might die from a restaurant accident. In these cases, the deceased’s family members can likely file a wrongful death lawsuit against the party responsible for causing the accident. Damages can include (but are not limited to):

• burial and funeral expenses,
• amounts the deceased would have earned as income, and
• compensation for the loss of the deceased’s companionship and support.

What are a restaurant’s legal obligations?

The owner of a restaurant has the duty to keep its premises safe for customers and staff. For example, owners breach this duty when:

• they fail to keep the premises up to code, including entries and exits, fire escapes, flooring, etc.;
• they take too long to remedy a hazard (such as a spill or a leak) that they have – or should have had – actual or constructive notice of;
• they hire unqualified staff (negligent hiring);
• they use broken or unstable furniture (chairs, tables, bar stools, etc.);
• they fail to kick out customers who are exhibiting dangerous behavior (and are therefore a danger to fellow customers).

Restaurant owners are not obligated to warn against “open and obvious” risks. Owners are also not usually liable for the wrongful intentional (not negligent) actions of their staff.

What is the role of a personal injury lawyer in restaurant injury cases?

Restaurant accident lawyers play an enormous role in these types of personal injury cases. For example, they help you by:

• advising you of your legal rights and options,
• helping you receive medical care and managing your ongoing medical treatment,
• uncovering evidence to help establish a party’s negligence or liability,
• hiring experts to assist in explaining complex evidence to a judge or jury,
• filing a personal injury claim with an at-fault party’s insurance company,
• negotiating that claim to reach a fair settlement,
• filing a lawsuit in the appropriate court and managing the litigation, and
• if applicable, filing a worker’s compensation claim.

What are the benefits of a restaurant accident lawyer?

Injury attorneys help you receive the maximum compensation as part of a restaurant injury settlement.

They know the value of these cases, and therefore, will hold liable parties to pay their fair share of an accident.

Attorneys also know where to uncover hidden value in a case to help boost your payout.

They also know how to negotiate with insurance adjusters and won’t back down from insurance companies.

Personal injury lawyers take care of all of the complexities within a case so that you can focus on healing.

Note that most restaurant injury lawyers provide free case reviews. A free case evaluation means you can get your legal questions answered without spending a dime.

Note, too, that the communications between an attorney and you are protected by the attorney-client relationship. Lawyers cannot disclose these communications unless you agree.

For additional help…

If you or a loved one was injured in a restaurant accident, we invite you to contact our law firm/law office at the Shouse Law Group. Our attorneys and legal team provide both consultations and legal advice you can trust. We work tirelessly to get you the maximum compensation available for your case.

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