Personal Injury Lawyer
There are some days we just do not want to cook or may want to enjoy a nice meal prepared by someone else for a change. There are several fast food chains that may satisfy this desire, but there are also other restaurant options that prepare dinners that taste just like home cooked meals. The last thing you would want when you make the decision to spend your hard-earned money anywhere is to have a bad experience.
Restaurants have a lot of room to make mistakes, so both employers and restaurants have to pay very close attention to almost every encounter that takes place in their establishment. A customer may suffer from an allergy a server did not hear them mention. Hot food or beverages can spill on customers or glass can shatter and cut a customer. In the event that you suffer an injury of any sort while visiting a restaurant, there is a chance you can seek damages under a personal injury claim.
You can have a potentially successful personal injury case if you or the victim in this matter can determine if the restaurant was negligent at any time during your visit. The way you determine negligence is based on three factors usually. These factors are:
- The duty the restaurant had was to ensure that nothing they did would cause harm or could potentially cause harm.
- The restaurant was not successful in this duty of care.
- Due to this failed duty of care, an injury of some sorts was acquired.
It is impossible to hold the restaurant accountable if even one of these three factors were not a factor in your injury incident. If there is an injury due to the negligence of a restaurant staff member or owner, it is typically easy to prove. The issue in these cases is whether or not the incident was avoidable or foreseeable. If the restaurant is not informed of certain incidents or threatening situations, it is difficult for them to prevent anything from happening. For example, if someone is allergic to peanuts and the dish they were served was prepared in peanut oil, should that person suffer any reaction or injury, the restaurant would not be held liable if that customer did not inform them of their allergies. The restaurant would be fully responsible for their staff and the negligence the staff displayed. It is unlikely that an employee would ever be held directly responsible for the incident.
To get a better understanding of whether or not you may have a successful personal injury case with a restaurant, speak with a skilled personal injury attorney, like a personal injury attorney in Dekalb, GA, as soon as possible.
Thanks to the law office of Andrew R. Lynch, P.C. for their insight into injuries that occur in restaurants.