Many people visit restaurants to relax or gather with loved ones. Restaurant owners, like other businesses that hold themselves open to the public, must keep their premises safe for visitors. Restaurant owners are supposed to routinely inspect their property for conditions that are dangerous and could cause injuries to people whom they have invited onto the property. These conditions must be repaired, or the property owner should issue a warning to restaurant patrons so that they can avoid harm. If you are hurt in a restaurant accident, you should seek guidance from a premises liability lawyer on your potential options. The California restaurant accident attorneys at Black & DePaoli. can try to hold the owner of the restaurant liable for your injuries.
Restaurant Accidents Often Cause Serious Injuries
In California, a plaintiff may be able to hold a restaurant owner liable for a dangerous property condition in a premises liability lawsuit. You will need to establish that you were hurt because of how the restaurant owner handled conditions on the property by proving by a preponderance of the evidence that the defendant owned or occupied the property, the defendant negligently used or maintained the property, you suffered harm as a result, and the defendant’s negligence was a substantial factor in the accident.
Generally, a restaurant owner has a duty to use ordinary care in managing the property where the restaurant is located to avoid exposing visitors to an unreasonable risk of harm. A restaurant owner is considered negligent in using the property if a dangerous property condition creates an unreasonable risk of harm, and the owner knew or should have known about the risk in the exercise of reasonable care but failed to repair the problem, protect against accidents arising from the problem, or give adequate warnings about the problem. Our restaurant accident lawyers can assist California residents and others in investigating these complex cases.
A restaurant owner’s lack of actual knowledge is not a defense in a premises liability case, but the owner must have at least constructive knowledge of the dangerous condition at the restaurant or be able to discover the danger in the exercise of reasonable care and realize that it involves an unreasonable risk to people invited onto the property.
If the dangerous condition at the restaurant was caused either by the restaurant owner or the owner’s employee within the scope of employment, the owner cannot claim that it did not have notice. Knowledge of a dangerous condition by an employee is imputed to an employer. If a dangerous condition is caused by natural wear and tear, by contrast, the owner is only liable if there is notice. Negligence arises from a failure to respond to a notification to correct the problem or provide warnings.
For example, if bumpers in a restaurant parking lot are broken, and you trip over them, you will need to show that the restaurant owner knew or should have known about the bumpers and provided a warning. Different circumstances surrounding the accident might give rise to different duties. For example, if you tripped in the dark over a broken bumper, and the parking lot did not have much lighting, the restaurant owner might be held liable for not correcting the condition.
Discuss Your Case with a Restaurant Accident Attorney in California
In many instances, restaurant accidents are preventable. Often, the only way to pay for bills arising from a slip and fall is to bring a premises liability lawsuit against the responsible party. Our principal, Travis G. Black, previously worked in the insurance industry and understands how insurance adjusters think. If you were hurt on restaurant property, you should consult our California restaurant accident lawyers. We provide skillful legal representation to victims from our Folsom office. To obtain a free consultation with an injury lawyer, call Black & DePaoli at 916-962-2896 or contact us online.