Avoiding Personal Injury at Restaurant
An evening out with a good meal at a nice restaurant is something everyone should enjoy every once in awhile. However, a lot can go wrong at restaurants. An inattentive server might not hear you mention an allergic reaction. A plate of hot foot could be spilled on you. Slippery floors could lead to accidents. All of these are situations that happen an unfortunate amount, and if they happen to you then you may have a personal injury claim against the restraint.
The core of any personal injury claim is proving that restaurant is negligent. Negligence is essentially the legal term for carelessness, and is contains three elements:
- The restaurant had a duty of care to the victim, meaning they had a responsibility to ensure their actions did not cause the victim foreseeable harm.
- The restaurant failed in this duty of care.
- The restaurant’s failure was the cause of actual injury to the victim.
In order for the restaurant to be found negligent, each of these elements must be proven. Duty of care would not be difficult to show in the case of a restaurant and customer, all businesses have this responsibility to their customers. However, foreseeability is often a more difficult thing to show. The restaurant, or employees at the restaurant, must have been able to understand that their actions would reasonably cause the injuries to their customers. For example, if the customer eats a food that they were not previously aware that they were allergic to, the restaurant could not be held liable for the injuries the customer experiences.
Generally speaking, the restaurant is responsible for the actions of their employees, granted they are acting within the scope of their employment. This means that any negligence by an employee that leads to injury is technically the responsibility of the employer. There are only a handful of occasions where an employee would be personally liable for their actions at work.
If you have been injured while dining in a restaurant, the best thing you can do is contact a skilled personal injury attorney Atlanta GA trusts. An attorney will be able to analyze the factors of your case and determine what legal path will be most ideal for you. Your attorney will also be able to represent you and put together a case that will ensure that you receive the compensation that you deserve, so that you can heal from the injuries inflicted on you by negligence.
Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into avoiding personal injury at a restaurant.