What to Do When You Get Injured at a Restaurant

Dining out is typically a pleasant experience, but what should you do if you get hurt in an unforeseen accident? Incidents such as slips and falls, burns, or food-related injuries can occur in restaurants, leaving customers uncertain about their next steps. In situations like this, knowing what to do when you get injured at a restaurant can make a significant difference in protecting your rights and obtaining the compensation you deserve.

At The Barnes Firm, our team has guided many clients through complex restaurant injury claims and is here to help you manage your own case.

Can I Sue If I’m Injured in an NYC Restaurant?

Yes, you may be able to sue a restaurant if your injury resulted from their negligence. New York law holds restaurant owners responsible for maintaining a safe environment for customers. If your injury was caused by hazards like wet floors, uneven tiles, or poorly maintained stairways, you could potentially file a premises liability claim, which can help you recover costs associated with medical bills, lost wages, and even compensation for pain and suffering.

The key to a successful claim is establishing that the restaurant was negligent in its duty to keep the premises safe. For example, if you slipped on a spilled drink that wasn’t promptly cleaned up or fell on an uneven step with no warning sign, these may be instances of negligence. But, simply being injured on restaurant property doesn’t automatically mean you have a case.

How Do I Know If I Have a Valid Claim After Getting Injured in a Restaurant?

Determining whether you have a valid claim can depend on several factors, including the circumstances of the accident and the level of responsibility the restaurant had in preventing it. For a premises liability case to succeed, you generally need to prove:

1. The restaurant had a duty of care: This means the establishment was obligated to maintain a reasonably safe environment.
2. The restaurant breached that duty: It could be through negligence, such as failing to clean up spills or repair hazards.
3. The breach caused your injury: You must show that the restaurant’s failure to uphold a safe environment directly led to your incident and injuries.

If these elements apply to your case, you may have grounds for a lawsuit. Consulting with an attorney can help you evaluate your situation and provide a clear path forward.

What to Do After a Slip and Fall Injury Accident at a Restaurant

These are among the most common accidents in restaurants. Knowing the steps to take after a fall can significantly improve your chances of a successful claim.

Obtain Medical Attention

The first priority after any injury is your health. Seek medical attention as soon as possible, even if the injuries seem minor, as they sometimes aren’t immediately apparent, and delaying treatment can also make it harder to prove the link between the accident and your injury. Medical documentation not only aids in your recovery but also serves as critical evidence for any claim.

Report the Fall

Notify the restaurant manager or staff immediately after your fall. This creates a record of the incident, which can be helpful later. Ask for a copy of the information or, at the very least, get the manager’s name and contact details. An official report can be a valuable piece of evidence if the case goes to court.

Document, Document, Document

Gathering evidence right after the accident can be invaluable for your case. Take photos of the accident scene, especially if there’s a visible hazard like a wet floor or broken tile. If there were witnesses, ask for their contact information and consider writing down your recollection of events while it’s still fresh. This documentation can support your claim and make it harder for the restaurant to dispute your version of events.

Talk to a Personal Injury Attorney

Consulting with an experienced personal injury attorney is crucial, mainly if the restaurant’s insurance company tries to contact you. They can provide valuable guidance and verify that your rights are protected throughout the process.

Slip and Fall Lawsuits Against Restaurants in New York

In New York, premises liability law allows customers to file lawsuits against restaurants for injuries caused by unsafe conditions. Slip and fall cases in these establishments often focus on proving negligence. This may involve demonstrating that the restaurant knew (or should have known) about the hazard and failed to fix it. For instance:

• The restaurant may be liable if a server spilled water on the floor and didn’t place a warning sign.
• If an icy sidewalk outside the restaurant wasn’t salted or cleared, the establishment could be held responsible for any resulting injuries.

The state courts require plaintiffs in these cases to prove “notice,” which means showing that the restaurant either knew about the dangerous condition or should have known about it because it had existed long enough to be identified and corrected. Working with a knowledgeable attorney can make all the difference in proving negligence and securing compensation.

Need a Slip and Fall Attorney? Get The Barnes Firm

Experiencing an injury in a New York restaurant can be overwhelming, but no one should have to face the aftermath alone. The Barnes Firm is here to provide guidance on what to do when you are injured at a restaurant and will work tirelessly to protect clients’ rights. With extensive experience in handling complex premises liability cases, our attorneys are prepared to fight for fair compensation. Call us today at (800) 800-0000 for a free consultation and take the first step toward moving forward confidently.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes