If you have slipped and fallen at a restaurant and sustained a significant injury, you may be able to sue and seek compensation for your injuries. Your eligibility to pursue damages depends on the details of your case, but many scenarios put the law on your side.
Quick Links
- When Is a Restaurant Liable for a Slip and Fall Injury?
- What Compensation Can You Receive for a Slip and Fall in a Restaurant?
- What Evidence Do I Need To Prove a Restaurant Slip and Fall Case?
- What If I Was Partially at Fault for My Slip and Fall Accident?
- How Can a Slip and Fall Lawyer Near Me Help My Case?
- Each State Has Its Own Premises Liability Laws for Slip and Fall Claims
- Meirowitz & Wasserberg Slip and Fall Accident Settlements
- What Our Slip and Fall Accident Clients Are Saying
- Get Help From a Trusted Slip and Fall Lawyer Near You
Generally, restaurants have a legal duty to keep their premises safe for customers and other intended occupants. When they fail to fix hazards or warn people about dangerous conditions, the law may hold them liable for resulting injuries.
The experienced attorneys at Meirowitz & Wasserberg, LLP, are here to help. We will explain your rights, including whether you can sue for a slip and fall at a restaurant. If you have a case, we will fight for the compensation you deserve.
Falls are the most common injuries reported by U.S. emergency rooms. According to the National Safety Council, 35 percent of injured E.R. patients report falls as their primary complaint. Older adults are at highest risk, with falls being the top cause of injury-related deaths in patients over 75 and the second-leading cause in those 65 to 74.
When Is a Restaurant Liable for a Slip and Fall Injury?
To hold liability for a slip and fall accident, a restaurant must be aware of or have cause to know about the dangerous condition that caused the fall. Common hazards include the following:
- Wet floors without warning signs
- Damaged or uneven flooring
- Poorly secured rugs
- Spills that staff failed to clean properly
- Poor lighting in dining, restrooms, or entrance areas
- Cluttered walkways
- Untreated icy, slushy, or snowy sidewalks and parking lots
In a claim against a restaurant, you must prove that its management, ownership, or staff had the chance to address the issue. An experienced attorney can help you find available evidence and build your case.
What Compensation Can You Receive for a Slip and Fall in a Restaurant?
Besides physical and emotional distress, slip and fall injuries can cause you significant financial damages. In a restaurant injury lawsuit, you can recover these damages if you prove that the restaurant was responsible for your injuries.
A successful claim can provide compensation for slip and fall injury losses, including the following:
- Medical bills: Emergency care, follow-up treatments, and rehabilitation costs
- Lost wages: Missed work hours and loss of future earning capacity
- Disability or disfigurement: Long-term or permanent changes to your appearance, mobility, or function
- Pain and suffering: Injury-related mental and physical discomfort, including financial worries
- Emotional distress: Depression, anxiety, fear, and other intense negative feelings related to your accident
It’s essential to have as much documented proof of your costs as possible. Save all bills and statements, and consult a lawyer to help determine the value of your claim.
What Evidence Do I Need To Prove a Restaurant Slip and Fall Case?
For your slip and fall case to be successful, you need to provide proof of your injuries and their cause, which might include:
- Photos or video of the scene
- Witness statements
- A copy of the incident report, if you filed one with the restaurant
- Medical records showing your injuries
- Evidence that the hazard was pre-existing
Collecting this evidence promptly improves your chances of success. The longer you wait, the more witnesses’ memories fade. Any delays in gathering key evidence also give a restaurant more time to clean up the issue.
What If I Was Partially at Fault for My Slip and Fall Accident?
Slip and fall accidents aren’t always straightforward. You may suspect that you are partially responsible for your accident, perhaps because you were distracted or disregarded signs of a hazard.
If that’s the case, you may still be able to pursue legal action, depending on your state and its negligence laws. Some states allow victims to recover compensation if they were partially at fault, while a few do not.
Contributory Negligence in a Slip and Fall
Contributory negligence is an all-or-nothing rule where any amount of fault bars a victim from collecting damages. Only a few U.S. jurisdictions follow this legal doctrine, but it can make or break your case if it applies.
Comparative Fault in a Slip and Fall
Comparative fault is significantly more common and can take one of two forms. Pure comparative fault allows you to recover compensation regardless of your percentage of responsibility. Modified comparative fault allows you to seek compensation if your share of the blame falls under a certain threshold.
In both cases, the state will reduce any award you receive by your fault percentage. For example, if you are 20 percent at fault for your slip and fall and receive a $100,000 award, you would qualify to collect 80 percent, or $80,000.
These laws can be extremely complex, and insurance companies often try to shift blame to reduce payouts. Attorneys from a nationally recognized law firm are familiar with the laws in a particular jurisdiction and can help file claims wherever a fall occurred.
How Can a Slip and Fall Lawyer Near Me Help My Case?
If you have serious injuries from a restaurant slip and fall, your concerns likely go beyond the physical pain. Injury care can be expensive, with medical bills piling up as lost wages add to your financial concerns. Stress over what to do next can quickly become overwhelming, particularly when you don’t know your options.
An experienced personal injury attorney can make all the difference. They can do the following for you:
- Evaluate your case for free by explaining your rights and options for moving forward.
- Preserve evidence by obtaining documentation and witness testimony before memories fade or records disappear.
- Prove negligence by establishing the restaurant’s role in the accident.
- Handle negotiations with insurance companies so they can’t intimidate you into settling for less.
- Fight for full compensation by calculating your losses, including lost income, pain and suffering, and future care needs.
- Represent you in court if the other party refuses to offer a reasonable settlement.
Restaurant slip and fall lawsuits often settle out of court, but sometimes a trial is the best way to maximize your compensation. Our team does what’s necessary to protect your rights.
Each State Has Its Own Premises Liability Laws for Slip and Fall Claims
Local expertise is necessary in any premises liability restaurant case. Your lawyer must understand liability laws, the requirements for filing a valid claim, and the relevant statute of limitations applicable to your situation.
<>As a nationally recognized law firm, we have the resources and expertise to handle cases across the United States. We know how to build a winning case, including what evidence courts and insurers typically want to see. Whether you need to file a restaurant injury lawsuit in Illinois, North Carolina, Texas, California, or another U.S. state, our attorneys are here to help.
Meirowitz & Wasserberg Slip and Fall Accident Settlements
Our attorneys have secured over $500 million in favorable settlements and verdicts, including countless awards for slip and fall victims. Our notable results include the following:
- $750,000 for a client who sustained foot and ankle fractures after a slip and fall on wet paint outside of a well-known department store
- $120,000 for a client who slipped and fell on grease while walking around at a festival and sustained a broken ankle.
- $75,000 for a client who slipped and fell on ice in a parking lot and suffered injuries to the shoulder, knee, and wrist.
What Our Slip and Fall Accident Clients Are Saying
We are proud to have built strong and trusting relationships with clients nationwide. Their stories speak to our professionalism, skill, and ability to secure full and fair compensation:
Get Help From a Trusted Slip and Fall Lawyer Near You
Slip and fall injuries can turn your life upside down, but you don’t have to face this alone. From Chicago to California, the compassionate restaurant injury attorneys at Meirowitz & Wasserberg fight for fair compensation for slip and fall accident victims and their families. Wherever you are in the United States, we are here to guide you through every step of your case.
We have successfully handled hundreds of slip and fall accident lawsuits and recovered millions of dollars on behalf of our clients. Let us fight for the compensation you need to heal and move forward.
Call 800-726-6326, extension 123, or contact us online to schedule your free consultation today.
