Avoid the Holiday Season Blues – Don’t Get Injured While Eating Out

When deciding what to post on our new and hopefully improved blog, we (Bruce Cheriff and Ken Fink), often begin with what we know best — our own cases.  While the largest percentage of injury cases we see involve car accidents, one kind of accident case we are no longer surprised to encounter are accidents that occur when a client is on his or her way to the restroom when they slip, trip or fall because of a dangerous condition on the way there.  The dangers our clients “run” into include poorly maintained restrooms, or falling down a dimly lit staircase leading to a quite often hidden bathroom.  In addition to accidents that occur on the way to the restroom, some incidents occur on the way into or out of the restaurant or even from food poisoning.

To better assist and flag issues that might lead you to need a personal injury attorney in this sort of case, we’ve put together a primer on restaurant safety.

A restaurant owner must keep the business in a reasonably safe condition for its customers.  The owner must warn patrons of any hidden dangers and provide a safe environment for diners.  If a restaurant owner is negligent in this duty, the owner can be held liable for damages.  Some things an owner is required to do include:

–          Providing a safe means of entry and exit to the restaurant

–          Maintaining safe and well-lit passageways from eating areas to restrooms

–          Properly maintain and inspect seating areas

–          Make sure the floor is not slippery

–          Make sure the floor does not have dangerous defects such as cracks

A restaurant owner can also be held responsible if an employee assaults a customer.  The employer is, in general, responsible for the acts of an employee.

Over the years, we have seen a significantly large number of restaurant cases involving bathrooms.  Often bathrooms in restaurants are hidden in dark corners or down a narrow steep staircase.  Many times, when restaurateurs renovate a space, they do little with respect to the restrooms.  Thus, restrooms are often the “neglected” areas of an otherwise lovely restaurant.  Restaurants often are slippery and not cleaned as often as needed.  The best advice we can give you, is to take extra caution when heading to a restaurant restroom.  Years of handling injury cases has demonstrated to us that a large percentage of injuries occurring at dining establishments occur in or on the way to the restroom.

While we certainly hope you never need the services of a personal injury attorney, if you ever find yourself injured or ill as a result of what you believe might be a restaurant’s negligence, please give us a call to speak with one of our partners.

(Below are photos from actual cases handled by our attorneys depicting dangerous conditions which caused serious injuries to our clients while dining at restaurants)

HPIM0267
Improperly designed step down to sunken dance floor
No Handrails
Staircase lacks required handrails
2012-07-30
Poorly lit, “hidden” staircase with improperly designed handrails
Window sill protruding into seating area of restaurant booth
Window sill protruding into seating area of restaurant booth