Going out to eat at your neighborhood’s favorite restaurant is the perfect weekend activity. Whether you’re going out with family or friends, sharing a meal at your favorite spot is supposed to be a fun and pleasant experience. 

According to a new survey, around 56% of Americans who eat out will do so between 3–4 times a week, including eating at restaurants and ordering food to go. So eating out is a fave for the everyday American, but sometimes, an injury or accident could taint this fun activity. If this happens, the restaurant could be liable if this was caused by negligence of the restaurant owner. 

Premises liability is the legal concept where a property owner is liable for injuries to guests and visitors. In order to win a premises liability case, the guest or customer must prove that the property owner was negligent concerning ownership or maintenance of the premises. This commonly occurs in personal injury cases where the incident happened at a public place, like a restaurant.

It’s important to note that just because you were injured at someone else’s property does not mean the property owner was negligent or created an unsafe situation for them to be liable. You need to show and prove that the property owner knew or should have known that the premises were dangerous for the customers. 

Restaurant owners are responsible for providing a safe space for their guests and visitors and providing a warning when conditions may be unsafe. They can be held accountable for injuries happening on the premises, including parking lots and surrounding areas. The most common injuries they could be liable for are slips and falls caused by spills, uneven flooring or pavement outside the restaurant, and poorly lit areas like parking lots.

Here are some examples of Premises Liability cases

Slip and fall:  These are the most straightforward premises liability cases; some common conditions that lead to a slip and fall are:

• Food or drink spill
• Accumulation of ice and snow
• Wet or oily floors
• Hidden extension cords
• Unsecured carpets or rugs
• Broken/loose tiles or wooden floors, steps, or sidewalks

Defective conditions on the premises: This can be because of poor design, repairs or construction, building code violations, unmarked hazardous areas or insufficient maintenance. It includes: missing or damaged stairs, inadequate handrails, and damaged doors or windows. 

Inadequate security: Most common in an apartment or office buildings but could also apply to restaurants. 

Fires, water leaks, and floods: On the rare occasion a fire or flooding happens, the premise could be liable if these conditions cause injury. 

Slips and falls because of spills are the #1 cause of injury in restaurant liability cases. Still, the customers must prove negligence in any case, so showing that the restaurant created a hazard, knew of it, or should have known of it is vital. Evidence of how long the spill was there, with no one cleaning it, will be a deciding factor in the case. 

Restaurants could also be liable for negligent security if they have created an unsafe environment or conditions inside and around the restaurant. For example, if a drunken customer attacks or assaults another customer, the restaurant could be liable for providing alcohol to an already intoxicated person, especially if there has been a history of fights at that location. A dark parking lot could also be considered unsafe. Suppose there’s a history of robbery or rape at the site, and the owners didn’t provide additional security or lighting. In that case, they could be liable for creating unsafe conditions for their customers. 

In order to file a negligence claim seeking damages, the customer must prove four elements:

1. Must show that there was a dangerous condition on the property:  From a spill in the floor to a loose handrail, the customer must prove there was something causing danger in the premises. 
2. Prove that the property owner knew or should have known of the danger: This refers to the owner’s duty of inspecting the property for dangerous conditions. 
3. The third element refers to the property owner not fixing the situation: Failing to clean up a spill, repair the damage or prevent customers from going through any hazard that could cause injury.
4. Finally, the customer must prove that this caused their injuries: In Georgia, this requires establishing that the dangerous conditions caused the injury. This means that the incident is a direct result of the hazard. 

Like any other public site, restaurants have the legal duty of keeping their customers safe from dangerous conditions. Exposing them to any hazard will leave the business owner liable.

Getting a team of attorneys to determine the best course of action will be the first step in filing a personal injury claim. Contact the personal injury experienced attorneys at Castan & Lecca; we have represented many accident victims who were injured due to unsafe conditions.