If you are hurt at a restaurant, you must immediately speak to a DC restaurant injury lawyer to discuss your options. When dining in Washington, D.C., the last thing you have on your mind is that you may be injured due to the restaurant’s negligence. You are likely far more concerned with enjoying the company of your group, what looks good to you on the menu, and having a relaxing evening. Unfortunately, humans are imperfect, and mistakes are made. When mistakes are made in a restaurant setting, injuries occur. As DC restaurant injury attorneys, we have encountered the countless ways you can be hurt while enjoying a meal. Understanding the risks and knowing your rights are critical. Of course, not all restaurants have adequate coverage to compensate you for your injuries. Moreover, some restaurants are more dangerous than others.
Our discussion will focus on the most common types of restaurant injuries, the legal responsibilities of restaurant owners, and what it means when a restaurant breaches the duty it owes to you as a patron. Whether you are a local DC resident or a visitor to our nation’s capital, knowing how to navigate these claims is critical. As DC restaurant injury lawyers, we have practiced personal injury law in the District for over 70 years. During this time, we have represented thousands of clients for injury claims and are well-versed in restaurant negligence. Speak to one of our seasoned attorneys today for a free consultation at (202) 331-7227.
Our DC restaurant injury lawyers have observed countless types of restaurant injuries. However, not every imaginable injury is a legitimate cause of action against the restaurant. The restaurant must act negligently in some manner for you to have a viable claim. The four categories below are typical examples of viable claims for restaurant injuries.
Slip and falls are among the most common types of restaurant injuries. Of course, they are not unique to restaurants. However, food and beverage employees are so busy in a restaurant that they may need more capacity to avert hazardous conditions despite having a legal duty. These injuries can be caused by wet floors, uneven surfaces, cluttered walkways, or poorly lit steps. Older adults are more susceptible to slip and fall injuries. However, the defendant must take the plaintiff as they find it under the common law of torts. Falls can cause sprains, fractures, and head injuries, or worse, if the fall is severe enough, like falling down the stairs.
Our DC restaurant injury lawyers handle burns regularly. You may be familiar with the famous McDonald’s coffee case. In that case, the plaintiff suffered third-degree burns, was in the hospital for two days, and took two years to recover. While coffee is supposed to be hot, it should not be that hot. In that case, the jury learned that McDonad’s served about 30-40 degrees hotter than regular coffee. Moreover, about 700 other people had been similarly injured. Accordingly, the plaintiff got $2.7 million in punitive damages due to the repetitive nature of the offense. This argument is challenging if you are injured in a restaurant due to overly hot food. We must be able to survive the complete defense of contributory negligence. This rule states that you are barred from recovery if you are even 1% negligent in causing your injury.
Accordingly, your best bet for recovery due to burns is if someone, such as a server, spills something onto you. So long as the server is acting within the course and scope of his employment, which he likely is, the restaurant will be liable. The restaurant would only be liable for the server’s actions if he acted intentionally. Then, the only way to establish liability for the restaurant is for negligent hiring. For example, if the server has a history of violence, then it is reasonably foreseeable by the restaurant that the server would be violent at work.
To have a viable claim against the restaurant for a cut or laceration, it should be a sharp edge that is subtle enough that you are not contributorily negligent in using it but also sharp enough to cause injury. Examples may include broken glassware, sharp utensils, or even chipped plates.
Food poisoning is a notoriously tricky claim to make against a restaurant. The reason is, many times, people will have bad reactions to a meal that is no fault of the restaurant. Moreover, it is possible that you had something bad at another time of day and are unsure of which meal is the one that poisoned you. Most importantly, proving by a preponderance of the evidence that the restaurant is responsible for your poisoning is difficult. We may be able to do this if there was widespread poisoning in the restaurant that caused several people to go to the hospital. Remember, we must prove that it is more likely than not that the restaurant negligently poisoned you. Critically, this includes establishing a causal link between the restaurant’s negligence and your injury.
On the other hand, if you suffer a severe allergic reaction due to the negligence of either your server or the cooks who made your food, you may have a claim against the restaurant with assistance from a DC restaurant injury lawyer. Of course, you do not have a claim if the restaurant is unaware of your allergy. Likewise, you do not have a claim if you assume the risk on your own after the restaurant staff tells you it is unsafe for people with that allergy. However, if you are assured that you are safe to eat food given your allergy and get severely sick anyway, it is possible that you can make a claim against the restaurant. Of course, your injuries must warrant a lawsuit. Lawsuits are expensive. It will depend on the extent and severity of your injuries to justify whether you want to pursue legal action.
Our restaurant attorneys are happy to discuss this with you during a free consultation.
You are a business invitee if you enter a restaurant during business hours. As a business invitee, a restaurant owes you a general duty to use reasonable and ordinary care to keep the property safe for your benefit. This includes a duty to warn of or make safe, nonobvious-dangerous conditions known to the restaurant. Additionally, the restaurant must use ordinary care in its operations. Moreover, the restaurant must conduct reasonable inspections to discover and remedy dangerous conditions. The restaurant is not liable for a hazard that resulted in seconds before that it did not have time to inspect for or remedy. However, they are liable if they are aware of the danger or if enough time has passed that they should have been aware via inspection. However, consider the obviousness of the risk when deciding whether the hazard creates a cause of action worth pursuing.
Moreover, consider the scope of your invitation as a business invitee. If you walk past a restaurant, you are impliedly invited to come in and enjoy a meal. However, that invitation does not extend to the kitchen, for example. So, if you walk into the kitchen, you are a trespasser and do not have a viable claim.
We do not endorse this list or allege negligent behavior against any of these restaurants at this time.
Contact our DC restaurant injury lawyers to discuss your options. We also offer free consultations to prospective clients at (202) 331-7227.
Gelb & Gelb, P.C.
N/a
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.