April 10, 2020 Slip, Trip, or Fall Chris Stolmeier

San Antonio Slip and Fall Lawyers

Restaurant Slip and Fall

Whether you are looking for a quick bite to eat or a night out at a fancy restaurant, one of the last things on your mind may be whether or not you will suffer a restaurant Slip and Fall. Unfortunately, restaurant customers are injured everyday in Slip and Falls at restaurants. If the restaurant owner or his employees negligently caused your Slip and Fall injuries, you may be entitled to compensation.

Will the Restaurant be Responsible for Your Slip and Fall Injuries? 

Invitees

A restaurant owes different duties to different types of visitors. The most common visitor to a restaurant is an invitee. An invitee is a person who is invited onto the property owner’s land as a member of the public or a person who enters the property owner’s land for the purpose of conducting business with the property owner. An example of a restaurant invitee is a person who chooses to dine at the restaurant. 

In order for an invitee to hold a restaurant owner responsible for Slip and Fall injuries, the invitee must show the restaurant owner or employees:

• • Caused a hazard that lead to your Slip and Fall injuries;
  • Knew about a hazard that lead to your Slip and Fall injuries; or 
  • Should have known about a hazard that caused your Slip and Fall injuries. 

Licensees

The second most common restaurant visitor is a licensee.  A licensee is a person who the property owner gives permission to enter onto the land, but does not give permission to the general public to enter the land. An example of a licensee is a plumber who is invited onto an owner’s property to fix a sink. 

Holding the Restaurant Responsible.

To hold the restaurant owner responsible for your Slip and Fall injuries, you will have to show:

• • Duty. The restaurant owner owned you a duty of care. To show the restaurant owner owed you a duty of care, you must show you were an invitee or licensee.
  • Breach. You must then show the restaurant owner or his employees breached their duty of care to you.Â
    • For invitees, you must prove the restaurant owner or his employees:
      • Caused a hazard that lead to your injuries;
      • Knew about a hazard that lead to your injuries; or 
      • Should have known about a hazard that caused your injuries. 
    • For licensees, you must prove the restaurant owner or his employees did not warn you of a known latent (hidden or concealed) dangers.
  • Causation. No matter what type of restaurant visitor you are, you must show the breach of duty proximately caused your injuries. In other words, you must show that but for the breach of duty, you would have never been injured.
  • Damages. Lastly, you must show your Slip and Fall injuries lead to damages.

What are Common Causes of a Restaurant Slip and Fall?

The most common causes of a restaurant Slip and Fall are:

• • Slippery Surfaces
    • Patios
    • Restrooms
    • Dining areas
  • Uneven Surfaces
    • Changes in elevations
    • Defective mats
    • Defective carpeting
    • Unmarked stairs
  • Poor Lighting
    • In walkways
    • Stairways
    • Patios
    • Entrances 
    • Exits
  • Weather
    • Improper placement of mats
    • Defective mats
    • Lack of mats
    • No warning signs
    • Failure to clean or provide safety measures where inclement weather can harm patrons

What are Common Injuries of a Restaurant Slip and Fall?

Common Slip and Fall injuries at a restaurant include:

• • Cuts
  • Bruises
  • Sprains
  • Ligament injuries
  • Fractures
  • Back injuries
  • Neck injuries
  • Brain injuries
  • Paralysis
  • Death

What Damages are Available for a Restaurant Slip and Fall?

The damages available for a restaurant Slip and Fall include:

• • Medical bills
  • Future medical monitoring
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Loss of consortium

What Should I do if I have Suffered a Restaurant Slip and Fall?

If you have suffered a restaurant Slip and Fall you should know these tips. Additionally, even if you have not suffered a Slip and Fall it is important to know these tips because Slip and Falls are uncertain and you never know when this information will benefit you.

• • Assess your injuries. Seek medical attention if necessary.
  • Take pictures or video of the substance you Slipped and Fell on.
  • Take pictures of the area surrounding your accident. This will show if the area is, cluttered, contains warning signs or mats, or is an area frequented by restaurant diners or staff. 
  • Take pictures of your clothes and the bottoms of your shoes from your accident. This will help show you encountered a dangerous hazard and where your body came into contact with the dangerous hazard.
  • Ask witnesses for their contact information.
  • Ask management to file an accident report and obtain a copy of the report.
  • Record any conversation you have with the property owner, manager, or employees. The property owner, manager, and employees may admit fault and it is best to have this evidence recorded. 

Contact Stolmeier Law, San Antonio Slip and Fall Lawyers

We are San Antonio Slip and Fall lawyers. Stolmeier Law is an experienced personal injury law firm serving Slip and Fall victims and other personal injury victims in San Antonio and South Texas for over 35 years. We are dedicated to fighting for you throughout your case and even after your case is resolved. Our goal is to make sure you get as much compensation as possible for your personal injuries. So if you or a loved one was seriously injured in a restaurant Slip and Fall, contact Stolmeier Law, San Antonio Slip and Fall lawyers. Slip and Fall, Call Stolmeier Law.