Slip and Fall Accidents in Restaurants

Slip and fall accidents occur due to many different reasons. Some of these accidents happen due to unavoidable circumstances. Other times, they occur because of negligence. Some common causes of slip and fall incidents in restaurants include:

• Loose carpets
• Uneven floors
• Spilled liquids
• Uneven sidewalks outside the restaurant
• Ice or rain on sideways and entryways
• Poor lighting

Slips and falls can cause serious injuries and sometimes even death. According to the Centers for Disease Control and Prevention, at least 3 million people are treated in emergency rooms for slip and fall injuries. In addition, more than 800,000 people are hospitalized yearly due to head injuries and hip fractures caused by slips and falls.

Other common slip and fall injuries include the following:

• Broken bones
• Cuts and bruises
• Severe sprains
• Whiplash
• Fractures
• Spinal cord injuries
• Concussions
• Chronic pain

If left untreated for a long time, the injured individual may succumb to the injuries. This explains why knowing what to do after a slip and fall accident is essential, as discussed below.

Here are some critical steps to keep in mind if you get injured in a slip and fall accident at a restaurant.

Seek Immediate Help

Call 911 immediately and request an ambulance if you have suffered severe injuries. Do not attempt to move if you are in serious pain. Moving could make the situation worse for you.

Get Checked by a Doctor

It is important that you get checked by a doctor even if you do not feel pain or discomfort after the injury. An experienced doctor will conduct several tests to determine whether you suffered internal injuries or any other injury you may not be aware of. Keep in mind that since internal injuries take time to show, many accident victims do not realize how hurt they are until it is too late.

Seeking medical attention helps detect these injuries early enough.

Contact a Slip and Fall Attorney

A slip and fall attorney will evaluate the specifics of your case and let you know how to proceed. Given that each slip and fall case is unique, the attorney will provide legal advice tailored to your case.

The issue of liability will depend on the unique circumstances of your case. Many different parties could be responsible for your injuries, as discussed below.

The Restaurant Owner

You may be able to hold the restaurant owner liable for your injuries. This is especially true if injured because the restaurant owner was negligent. For instance, suppose you slipped and fell due to poor lighting at the restaurant. In that case, the restaurant owner should have known about the poor lighting situation and taken the necessary steps to correct it.

Property Owner

You may also be able to hold the property owner responsible if you slipped and fell due to a dangerous condition caused by the property owner and not the restaurant owner. For example, the property owner might be liable if the restaurant had poorly designed stairs that increased the risk of slip and fall.

Property Management Company

Let's say a property management company owns the property, and the restaurant did not directly cause the slip and fall incident. In that case, rather than suing the property owner, the lawsuit might target the property management company in charge of taking care of the property. A good example is a slip and fall accident at a mall managed by a third party, not the mall owners.

Since each slip and fall accident is unique, there is no standard settlement for such claims. Instead, different factors will determine the amount of compensation you may be entitled to when you file a claim. Examples of these factors include the following:

Severity of Injuries

In most cases, the more severe your injuries, the more compensation you may be entitled to. However, this will also depend on the unique circumstances of your case.

Your Contribution to the Accident

Some states will allow you to recover compensation based on your contribution to the accident. For instance, if you were 80% at fault for the accident, you can only recover 20% of the settlement.

In addition, other states do not allow plaintiffs to recover any settlement if they contributed to the accident, even by 1%.

The Statute of Limitations

You will lose your right to take legal action against the defendant if the statute of limitations for your slip and fall accident expires. In fact, when the defendant realizes that the statute has expired, they will not be obliged to negotiate a reasonable settlement with you.

Post-Accident Procedures

The steps you take after a slip and fall accident will influence the compensation you may be able to recover. Earlier, we discussed that it is important to seek immediate medical attention after a slip and fall incident. Failure to seek medical attention could give the other party a good reason to dispute your claim. Precisely, they could argue that you were not seriously injured in the first place or the injuries did not exist.

The kind of damages you may be able to recover will also depend on the specifics of your case. Generally, slip and fall accident victims can recover economic and non-economic damages.

Examples of economic damages in a slip and fall accident claim include the following:

• Past, current, and future medical expenses
• Lost wages
• Lost earning potential
• Cost of hiring a caregiver
• Transportation costs
• Out-of-pocket costs
• Cost of rehabilitative services such as physical therapy

On the other hand, examples of non-economic damages include:

• Pain and suffering
• Loss of enjoyment of life
• Post-traumatic stress disorder
• Mental distress

In addition to economic and non-economic damages, the court might also award the plaintiff punitive damages. These damages are usually awarded when the court determines that the defendant was grossly negligent.

Bear in mind that punitive damages are not usually guaranteed. Secondly, some states limit the compensation for punitive damages the plaintiff can recover.

No law requires you to hire a slip and fall accident attorney. However, having an attorney significantly increases your chances of obtaining a favorable outcome. To put things into perspective, an experienced slip and fall attorney can:

• Evaluate your case to determine whether it is valid
• Help collect crucial evidence to support your claim
• Assess your injuries and damages
• Identify the party responsible for your injuries and damages
• File a slip and fall claim with the liable party
• Handle complex paperwork and keep up with strict deadlines on your behalf
• Represent you throughout the settlement negotiation process
• File a slip and fall lawsuit if the other party refuses to settle
• Prepare you for complex court processes
• Represent you at trial

The statute of limitations varies from state to state. For instance, in Washington State, you have up to three years from the date of the slip and fall injury to take legal action. On the other hand, in California and Texas, you have two years.

You will lose your right to take legal action against the liable party if the statute of limitations expires. However, you should consult an attorney even if the statute has expired. Although not guaranteed, the attorney might be able to help you navigate this obstacle.

The evidence required to prove a slip and fall case varies from case to case. Generally, you will need to prove the key elements of a premises liability claim. This is because slip and fall is a subcategory of premises liability.

These fundamental elements include:

• The defendant owed you a duty of care
• The defendant breached the duty of care
• You got injured due to the defendant's breach of duty of care
• You suffered damages as a result of the injuries sustained

A seasoned slip and fall lawyer can help prove these elements. They can also gather crucial evidence, such as witness statements and surveillance footage, to support your claim.

The other party will likely defend themselves against the slip and fall claim. The law allows them to defend themselves just as it allows you to pursue compensation for your injuries. That said, some common defenses in slip and fall claims include the following:

• The plaintiff was at the property illegally, e.g., trespassing
• The plaintiff was responsible for the slip and fall, e.g., wearing unsupportive shoes
• The defendant had warned the plaintiff about the imminent danger, but the plaintiff ignored the warning
• The plaintiff was distracted when they slipped and fell
• The defendant did not have enough time to remove the dangerous condition
• The defendant did not owe the plaintiff a duty of care

Slip and fall cases can take months or years to settle. It all depends on the complexity of the case and other factors, such as court backlogs. Remember that claims settled out of court are usually processed faster because it eliminates the need to appear before a judge or jury.

Yes, slightly different. You can file a workers' compensation claim when you slip and fall at a restaurant you work in and suffer serious injuries. Employers in most states must have workers' compensation insurance to cover their employees against workplace-related accidents.

However, it is important to note that workers' compensation insurance will only compensate you for medical expenses and lost wages, not non-economic damages such as pain and suffering. If you feel you deserve more than just compensation for your economic damages, speak with an experienced attorney.

Morgan & Morgan is the personal injury firm to contact if you need an experienced slip and fall attorney to fight for you and your loved one.

While there are many personal injury firms in the US, there is only one Morgan & Morgan. Here's why we stand out:

• We are the nation's largest personal injury law firm
• We have an army of over 800 attorneys specializing in different personal injury cases, including slip and falls
• Our attorneys are never afraid to go to trial
• As a result, we have recovered more than $13 billion as compensation for our clients
• We have over 28,000 5-star reviews on Google
• We have powerful legal resources to fight for you

Morgan & Morgan slip and fall attorneys can fight for you when no one else can. We have been in the industry long enough to know the tactics the defense uses to avoid liability. For this reason, you can count on us when you need a powerful and aggressive team of attorneys to fight for you.

Ready to claim your deserved compensation? Fill out our free case evaluation form to get started.