Dining out should be an enjoyable experience, but restaurants present numerous hazards that can cause serious injuries to patrons. Slippery kitchen grease tracked onto dining room floors, spilled drinks, uneven flooring, poorly maintained furniture, hot plates and beverages, and inadequate lighting are just some of the dangers that restaurant customers face.

Common Types of Restaurant Injuries

Slip and Fall Injuries

Slip and fall accidents are the most common type of restaurant injury. Wet floors from food and drink spills, kitchen grease, recently mopped surfaces, and weather-related moisture near entrances all create slipping hazards. Restaurants have a duty to promptly clean up spills, use non-slip flooring in high-risk areas, and place warning signs when floors are wet.

Burn Injuries

Burns can occur from hot plates, scalding beverages, flaming desserts, malfunctioning equipment, and fire pit tables or open flame features. Servers who carry extremely hot plates without adequate warnings, or who spill hot food or beverages on customers, can create liability for the restaurant.

Food Poisoning

While food poisoning is typically handled as a product liability claim rather than a premises liability claim, restaurants that serve contaminated food can be held liable for the resulting illness. Common foodborne pathogens including Salmonella, E. coli, Listeria, and Norovirus can cause serious illness requiring hospitalization.

Falling Objects

Items falling from shelves, overhead racks, or ceiling fixtures can strike diners. Poorly maintained light fixtures, decorative elements, and ceiling tiles are all potential hazards.

Broken Furniture

Chairs, booths, and tables that are in disrepair can collapse or break, causing injuries to customers. Restaurants have a duty to regularly inspect and maintain their furniture.

Proving the Restaurant's Liability

As with any premises liability case, you must prove that a dangerous condition existed on the restaurant's property, that the restaurant knew or should have known about the condition, and that the condition caused your injury. Evidence that can help prove your case includes surveillance footage, the restaurant's incident report, witness testimony, photographs of the hazard, inspection and maintenance records, and health department inspection reports for food poisoning cases.

What to Do After a Restaurant Injury

  • Report the incident to the restaurant manager and request an incident report
  • Take photographs of the hazardous condition and your injuries
  • Get contact information from witnesses
  • Seek medical attention promptly
  • Preserve the clothing and shoes you were wearing
  • Keep receipts from your visit showing you were a customer at the restaurant

If you have been injured at a restaurant in North Carolina, South Carolina, or Georgia, contact Dr. Ted Injury Law at (800) 555-HURT for a free consultation.