Find the right lawyer now

Restaurant Injury Lawyers

Find a Local Personal Injury Lawyer near You

What Can Go Wrong Inside a Restaurant?

Many things can go wrong at a restaurant.  You may suffer food poisoning, choke on a bone, or suffer an allergic reaction.  You might also be injured in other ways at a restaurant.

What Duties Does a Restaurant Owner Have?

A restaurant owner must keep his restaurant in reasonably safe condition for his customers.  The owner must warn people of hidden dangers and provide furniture that is safe.  However, the owner only needs to make safe the places in his restaurant where people can be expected to go.  If he is negligent in his duty, he can be liable for damages.  Some things the owner is required to do include: 
  • Provide a safe means of entry and exit.
  • Maintain safe passageway from the eating area to the restroom.
  • Properly maintain and inspect seats, stools, and chairs.
  • Make sure the floor is not slippery to avoid accidents.
  • Make sure the floor does not have dangerous defects such as bumps and cracks.

What if I am Assaulted in a Restaurant?

A restaurant owner can be held responsible if he or one of his employees assaults a customer.  The employer is responsible for the acts of the employee.  However, you cannot sue if the only injury you suffered was humiliation and embarrassment from insulting words of an employee.  If a third party assaults you in the restaurant, the owner is not responsible, unless he should have known the attack would happen and did not take steps to prevent it.  For example, the owner may be liable if he fails to kick out an intoxicated customer who made threats of beating people up and actually assaulted another customer. 

What Limits on Liability are There?

The negligence of the owner must cause the injury and not some other unforeseen event.  Also, the owner is only responsible for unreasonable risks.  That means that the owner does not have to fix every possible dangerous condition.  If the condition is so obvious that everyone should know to avoid it, then there is no liability.  Furthermore, if the defect did not exist long enough for the owner to possibly discover it, there is no liability.  Contributory negligence and assumption of risk may also limit recovery.  

Should I Contact a Lawyer if I Have Been Injured in a Restaurant?

If you have been hurt or injured during a visit to a restaurant and want to assess the viability of your claim, the advice of a personal injury lawyer can be extremely helpful.  An experienced personal injury lawyer can help you investigate your injury and recover damages.   
Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 03-25-2018 10:06 PM PDT

Law Library Disclaimer
  • No fee to present your case
  • Choose from lawyers in your area
  • A 100% confidential service
What is LegalMatch?

We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.