When you eat out, it should be a safe and enjoyable experience. Most people don’t anticipate a slip and fall accident when they’re dining at a restaurant, bar and grill, or diner. But according to Restaurant Expert Witness, approximately 11,000 slip and falls happen every day in U.S. restaurants.
The skilled premises liability lawyers at Peterson Law Firm understand that restaurant patrons are usually taken by surprise when they slip and fall while out enjoying a meal. They know that these falls can happen anywhere on restaurant property but most often happen due to wet floors, and victims can face very serious injuries. Here, we discuss obtaining fair compensation for injuries sustained in a slip and fall and how to prove that the property managers were negligent.
Restaurant Slip and Falls: Common Hazards
Slip and fall accidents can happen at any type of Kansas City restaurant. Whether you’re stopping in for a quick burger or indulging in an expensive meal, your whole evening can be upended if you’re injured in a slip and fall. You can be hurt in any of the following types of restaurants:
- Pubs and taverns
- Fast food chains
- Sandwich shops
- Neighborhood cafés
- Pizza houses
- Fine food establishments
- Nightclubs
- Cafeterias
- Bistros
- Coffee shops
There are many places where you can eat, but there are common hazards in most all restaurants that increase the risk of falling. These hazards include the following:
Spilled Food and Drinks
In any business where there are customers eating and drinking, but especially in restaurants, it’s likely that food and/or liquids will get spilled on the floor. Hungry diners and busy servers can leave behind slippery substances that make it easy for people to slip and fall. This is especially true for restaurants with food buffets, where soups, salad dressings, lettuce, tomatoes, fruit, sauces, and ice can be dropped where people walk.
Freshly Mopped Floors
You may have noticed that many restaurant floors, especially in the bathrooms, seem extra slippery. Frequently mopped floors with inadequate cleaning solutions can make for slick and dangerous surfaces. The wrong cleaning agent for the floor surface, or if it’s not rinsed off the floor properly, can contribute to a slippery floor.
Additionally, grease that gets tracked from the kitchen into the eating area can help make floor surfaces oily and hazardous. When management fails to place a “wet floor” sign in the appropriate area, it can catch customers off guard.
Cluttered and Wet Walking Areas
In some restaurants, narrow walkways get cluttered and blocked with equipment. This can include baby chairs, server stands, boxes food products that haven’t been stored, and/or a mop and water bucket outside bathrooms. Each can create a hazardous condition that can lead to a slip and fall, especially sloshed water from a water bucket and food dropped from baby chair trays.
Inadequately Maintained Parking Lots
A restaurant parking lot with potholes—especially those filled with water after a storm—uneven pavement, and/or icy surfaces, can be the cause of a slip and fall injury. If lighting is poor, that can exacerbate these hazards.
Restaurant owners have a duty to identify slip and fall risks and promptly correct them. When they fail to do so, injured customers have a right to seek compensation.
Slip and Falls: Your Premises Liability Claim
At any restaurant, there’s always a potential for accidents and injuries. If you get hurt and file a premises liability claim, the concept of “duty of care” will be a critical component in your case. In restaurant slip and fall claims, duty of care refers to the legal obligation a restaurant owner has to maintain a reasonably safe environment for customers. Restaurant owners have a responsibility to meet this duty of care, and it’s important they address all potential hazards promptly.
Because restaurant owners invite the public into their building, the law classifies guests as “invitees” and provides them with key protections. These owners must check for hazards and repair them—and this includes promptly cleaning up wet spots and spills. If an owner ignores this duty of care and you’re injured on the premises, you can submit a personal injury claim to help cover the costs of any medical bills, lost wages, and pain and suffering.
What Duty of Care Really Means
Duty of care is a legal standard that means anyone who owns property must be reasonably sure their property is safe for anyone who visits. Duty of care is important in personal injury cases, including restaurant slip and falls, when the following happens:
- Hazardous or dangerous conditions exist on the property, and they pose an unreasonable risk of harm to those visiting the premises
- The restaurant owner knows or should have known about the wet floor danger and did nothing to fix it
How to Prove Negligence in a Slip and Fall Case
Just because you slip and fall at a restaurant doesn't mean you'll receive a settlement for your injury claim. Missouri law requires you to prove the restaurant was negligent. Generally, this means showing the following:
- A dangerous condition existed in the restaurant
- The restaurant owner knew or should have known about the hazard
- They failed to wipe up the wet spot or fix the hazard or provide adequate warning
- You suffered injuries as a result of this negligence
Take Steps to Help Obtain Compensation After Your Slip and Fall
The actions you take following a restaurant slip and fall injury can impact your ability to recover compensation. The following steps can help protect your legal rights and help prove elements of negligence: Some critical steps include the following:
Notify the Restaurant Manager Right Away
It’s important to report the slip and fall immediately. Even if you don’t think you’re seriously hurt, you need to notify the store manager or property manager right away. Be factual in your account of what happened, and don’t apologize or downplay the incident. Don’t make statements like, “I guess I didn’t see there was water leaking from your freezer.” You don't want to take blame for something that wasn't your fault.
Ask for an Official Report
After you’ve taken a fall due to a wet floor in a restaurant, it’s important that you get an official incident report from the owner or manager. This person should write the incident report and give you a copy before you leave the premises. If they refuse to give you a report or tell you they don’t have an incident report form, write down what happened yourself, making detailed notes about the following:
- The exact location of the incident—include the booth or table, specific area, or location in the parking lot where the fall took place.
- The time and date the fall occurred.
- The names of any employees you spoke with about the incident.
- A description of what caused you to slip—be sure to include as much detail as you can. State if there was water or cleaning solution on the floor; water dripping from the ceiling; a spilled glass of juice; etc.
Take Pictures
If you have a cell phone, take images of the scene, including the wet area or spilled food/drink that caused your fall. Photographs provide visual evidence that can help support your claim.
Get Information From Witnesses
If you’re able, talk to any witnesses who saw your fall and get their contact information. It’s easier to collect that information now rather than later, when memories of the incident can fade.
Get Medical Care
Go to Emergency or urgent care, even if your injuries don’t seem serious. Some injuries don’t show symptoms right away. Getting immediate medical care will provide a report that documents your symptoms and create a link between the fall and your injuries.
Preserve Evidence
Save the clothing and shoes you were wearing when you fell in case they're needed for analysis. The stains on your pant legs or sock or any ripped material could be important evidence for your claim.
Our Kansas City Lawyers Can Help When You’ve Been Injured in a Restaurant Slip and Fall
After a slip and fall at a Kansas City restaurant, the owner's insurance company may contact you with a settlement offer. It will likely be a low-ball offer, as their goal is to pay you as little as possible. A premises liability lawyer helps level the playing field and fight for the full and fair recovery you deserve.
While no settlement will ever undo the trauma of a serious fall, obtaining the compensation you deserve can provide a measure of justice and help you move forward. Don't let a restaurant's negligence threaten your physical, emotional, and financial well-being. Talk with our knowledgeable Kansas City slip and fall lawyers who can assess your case and advise you of your legal options. Read our case results to learn how we’ve helped other clients who were injured in a slip and fall.