Who doesn’t enjoy a meal out at a restaurant? There are many great restaurants in and around Suffolk and Nassau Counties, from diners to fine dining establishments. In addition to not having to cook, eating out also means that you get to socialize and enjoy the company of your loved ones.
Of course, there are times when a night out ends badly. Many patrons suffer falls at restaurants because of issues like slippery floors or missing handrails. If you are hurt while dining at a restaurant, our Long Island slip and fall attorneys can help you get the financial compensation that you deserve for your injuries.
At The Odierno Law Firm Accident and Injury Lawyers, we are fierce advocates for clients who have been hurt in all types of accidents. We offer top-notch legal representation to injury victims, helping them get maximum compensation for their losses. To learn more or to schedule a free initial consultation with a Long Island personal injury lawyer, contact our law firm today.
How Slips and Falls Happen
Accidental injuries, such as falls, account for more than 26 million visits to the emergency department each year. In many cases, falls are nothing more than bad luck. In other situations, a person falls because of something that another person did or failed to do.
Restaurants are a hotspot for falls given the potential for spills, slippery surfaces, and the sheer number of people that may be moving around. Common causes of falls at restaurants include:
- Spilled food or drinks
- Cluttered walkways or obstacles like food carts
- Uneven floors
- Grease or oil spills
- Slippery floors
- Missing handrails
- Cracked or broken pavement in outside areas, such as parking lots
- Snow or ice accumulation outside
While restaurants can take precautions to help customers and employees avoid falls, these accidents still happen. For example, if a server drops a tray full of drinks on the floor, a customer might slip on the wet floor and get hurt.
These types of falls can cause serious injuries. A person who falls in a restaurant may suffer a brain injury from striking their head on a table or the floor. They may break a bone, suffer a soft tissue injury, or even be diagnosed with a spinal cord injury from a more severe fall.
Not all falls are preventable. But as we explain below, if a restaurant knows (or should know) about a dangerous condition and doesn’t fix it or warn patrons about it, then it may be held liable for any injuries that result.
Can You File a Lawsuit If You Fall at a Long Island Restaurant?
Slip and fall cases are a special type of personal injury claim known as premises liability lawsuits. With a premises liability action, an injury victim (plaintiff) can hold a property owner (defendant) financially responsible for their injuries. The defendant in a premises liability claim can be someone who owns the property, occupies the property (tenant), or even someone who controls the property in some way (such as a property management company).
The theory behind premises liability claims is that property owners have a legal duty to keep their land in reasonably safe condition so that other people do not get hurt. If a person is injured on someone else’s property because of a dangerous condition, they may be able to file a personal injury lawsuit against the owner or occupier of that property.
To file a premises liability claim against a restaurant in New York, you will have to prove the following elements:
- You were legally on the property (i.e., you were not trespassing).
- There was an unsafe or dangerous condition on the property.
- The property owner either knew about the hazard or should have known about it.
- The property owner failed to either fix the dangerous condition or warn other people about it.
- You were injured as a result of the dangerous condition.
In many restaurant slip and fall cases, the plaintiff will be a patron or someone else invited onto the property for a financial purpose. This makes them an “invitee” under New York law. Property owners owe the highest duty of care to invitees. Not only are they responsible for fixing or warning about known hazards, but they also have an obligation to regularly inspect their property for any potential dangers.
To be responsible for a slip-and-fall, a restaurant has to have known about the danger. In restaurants, some falls are caused by things like spills. If the restaurant didn’t have an opportunity to even learn about a spill before someone falls, then they might not be held responsible for any injuries that result.
However, other falls are caused by things like an uneven floor or an icy sidewalk outside of the restaurant. If the restaurant knew (or should have known) about an unsafe condition and didn’t warn patrons about it or fix it, then they could be responsible for financial compensation in a premises liability lawsuit.
In this type of claim, a plaintiff can recover money (damages) for all of their losses. Most claims involve 2 types of damages:
- Economic damages, which pay for direct financial losses such as lost wages, reduced earning capacity, property damage, and both past and future medical expenses.
- Non-economic damages, which pay for indirect losses like pain and suffering, scarring, disfigurement, loss of enjoyment of life, and emotional distress.
If a slip-and-fall was caused by intentional or reckless conduct, then the defendant may also be liable for punitive damages. These damages are meant to punish a wrongdoer instead of compensating an accident victim. While it may be unusual, it is possible to get punitive damages in a restaurant slip-and-fall claim if the restaurant or its employees acted in an egregious manner.
Studies show that the best way to recover maximum compensation in a personal injury case is by working with an experienced attorney. Insurance companies will rarely offer fair settlements without the threat of a lawsuit and potentially going to trial. While the majority of claims are resolved outside of court, having legal representation is the best way to protect your interests and get top dollar for your injuries.
Our law firm has decades of combined experience representing plaintiffs in all types of personal injury claims, including slips and falls. We don’t shy away from battles with big insurance companies. Our Long Island slip and fall lawyers are committed to advancing the interests of our clients and helping them get the compensation that they deserve for their injuries.
What If You Fell While Working at a Restaurant?
Many restaurant falls don’t involve diners, but chefs, cooks, and wait staff. If you fall while working at a restaurant in Long Island, then your options will be a bit different.
Generally, work-related injuries and illnesses are covered by the New York workers’ compensation system. Workers’ compensation insurance pays certain benefits to injured employees, without regard for fault. In New York, workers’ comp benefits include medical benefits, lost wages, and survivor benefits if an employee dies as a result of an on-the-job injury.
Workers’ comp will cover most employee falls at restaurants. It is considered an exclusive remedy, which means that employees cannot file a personal injury lawsuit against their employer for the accident. Some exceptions to this rule may allow you to pursue a lawsuit against your employer. Our Long Island workplace injury lawyers can help you evaluate your options when it comes to filing a claim.
It may also be possible to file a third-party lawsuit against someone other than your employer for a restaurant slip and fall. If another person caused your fall, then you could potentially file a personal injury lawsuit against them for your injuries. For example, if one of the restaurant’s suppliers backed into you with a truck when dropping off inventory, you could pursue legal action against that company for your injuries.
A personal injury lawsuit allows accident victims to recover a greater range of compensation for their losses, such as pain and suffering and emotional distress. Unlike workers’ comp, it does require proof of fault. If you have been hurt in a slip-and-fall while working at a restaurant in Long Island, our legal team can help you determine your rights and work with you to get maximum compensation for your injuries.
Help for Fall Victims in Long Island
Getting hurt in a fall can be both embarrassing and painful. It can also cause both psychological and financial distress. While a premises liability lawsuit won’t make you whole again, it can help you move forward with your life after an accident. Our law offices will work with you to help you get the money that you deserve for your injuries.
The Odierno Law Firm Accident and Injury Lawyers help people who have been injured in all types of accidents, including slips and falls at restaurants and other businesses. Based in Melville, we take great pride in helping fellow residents of Long Island through the challenges that they face after a fall. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a Long Island slip and fall attorney, call our law firm today at 631-973-6221 or fill out our online contact form.
Related:
Shopping Mall Slip and Fall Injuries in Long Island – Pursuing Liability Claims
Slip and Fall Injuries at Grocery Stores in Long Island – Legal Claims & Compensation