Restaurant Liability

None of us goes into a restaurant expecting to be hurt as a result of the owner’s or operator’s careless conduct, but it happens. Fortunately, the law provides a remedy in the form of a premises liability lawsuit. All businesses that are open to the public, including restaurants, have a basic responsibility to keep their premises in a reasonably safe condition and to warn customers of dangerous conditions. If you have been hurt due to the negligence of a restaurant, you should know that you have a right to establish restaurant liability in a claim. The Pembroke Pines premises liability lawyers at Cohn & Smith can guide people in the Pembroke Pines area as they pursue compensation from a responsible party.

Premises liability lawsuits that arise from the breach of a duty owed by a landowner or business owner are a subcategory of the broader area of negligence law. The particular duty owed by a landowner or business operator is dependent upon several factors, including whether or not the injured person had a legal right or implied invitation to be on the property.

In the case of a restaurant, patrons typically fall into the “invitee” category because they are considered to be “invited” onto the property for the owner’s commercial benefit. A restaurant owner or operator owes invitees a higher duty than would be owed to a licensee or trespasser. This includes regular maintenance and inspection of the premises, as well as warning of any hazards of which the owner is aware or, in the exercise of reasonable diligence, should be aware. It can also, in some situations, include a duty to provide adequate security.

The heightened duty owed to invitees may be contrasted with the lesser duties owed to “licensees,” such as social guests in a private home, and “trespassers” who have no legal right to be on the property.

Once liability has been established through the showing of duty, breach, causation, and damages, the next issue to be addressed is the amount of damages that it will take to fully compensate the injured person. The exact amount can vary, depending upon the nature and extent of the victim’s harm. In addition to the payment of economic damages such as medical expenses, lost wages, and the costs of future treatment necessitated by the injuries, the plaintiff may also be compensated for non-economic damages like pain and suffering or scarring and disfigurement. The plaintiff’s spouse may also be entitled to file suit for his or her own loss of consortium.

A common issue in premises liability cases is a claim of comparative fault, which is an allegation that the victim was responsible – at least in part – for the accident. Florida follows the law of pure comparative fault, such that, even if such an argument is successful, the plaintiff can still recover damages in proportion to the defendant’s percentage of fault. A careful and thorough investigation of the case can help to reduce the impact of a comparative fault allegation and increase the odds of the victim receiving compensation for his or her injures.

You should not hesitate in seeking advice from a lawyer about your case if an accident on the property of a Pembroke Pines restaurant has harmed you or a loved one. Call the slip and fall attorneys at Cohn & Smith at (954) 431-8100 or contact us online. We also serve individuals in Weston, Aventura, and communities across North Dade County, among other areas.