When are Restaurants Liable for Accidents?

Restaurants are designed to facilitate memorable guest occasions, but that doesn’t mean there aren’t countless hazards just waiting to cause an accident, whether it be to a member of staff or a guest. In the majority of cases, restaurant accidents are 100% avoidable under proper management, but that doesn’t mean mishaps don’t occur. Throughout this article, we’ll tell you everything you need to know about restaurant liability when accidents happen.

Hazard Prevention

Restaurant owners have a duty of care to ensure that their premises are safe for all employees and guests. Typically, this means following strict health and safety regulations, which are achieved by implementing an extensive strategy for preventing hazards and accidents. For example, every restaurant will have a cleaning roster, maintenance schedule, policies for the safe use of equipment, open/close procedures, and so much more.

If an accident occurs on their premises and they are found the be liable, the outcome is costly legal fees and a damaged reputation, which can be challenging to come back from.

Typically Causes of Restaurant Accidents

Restaurant accidents come in different shapes and sizes, but the majority of them are caused by trip, slip, and fall hazards. For example, an employee spills oil in the kitchen but doesn’t follow protocol when cleaning it up – another individual comes along and slips because there was no cleaning/wet floor signage.

Restaurant building codes indicate that all rails, whether they’re external or internal, must be fitted to the correct measurements and be well maintained. However, if the upkeep is overlooked, the result can be a serious accident.

With so much kitchen equipment, hot surfaces, and hot liquids around a restaurant, there’s no surprise that burns and scalds are high on the list of restaurant accidents. If proper training isn’t delivered to all employees, negligent use of equipment will lead to serious injuries.

In the Event of an Employee Accident

Employees come into contact with hazards daily, so there’s always the chance they’ll have an accident. Typically, all employees are covered by a restaurant’s Workers’ Compensation cover, which reimburses them for any loss of earnings, pain and suffering, and medical expenses.

In the majority of cases, an employee isn’t able to sue the restaurant – as they’re already covered. However, in some states, if there is evidence of serious negligence and misconduct, a personal injury lawsuit claim can be filed.

When Guests Have Accidents

We’ve already established high standards of care restaurant openers must demonstrate for everyone inside their premises. However, guest experiences can be ruined by an accident, which may be the result of restaurant negligence. If this happens, they can file a personal injury claim against the restaurant, which will cover medical expenses, loss of earnings, and any other damage.

Having a restaurant accident is devastating, and compensation is rightly deserved. If you or a loved one has suffered an injury at a restaurant, you should team up with an expert personal injury lawyer to guide you through the tangled maze of the legal system. To get started, get in touch with us to discuss your case – completely free of charge.