Can You Sue If You Suffer a Personal Injury at a Restaurant?

Restaurants in Texas are responsible for ensuring the safety of any person that enters their premises. This means that you can sue for damages if you suffer injuries from an accident resulting from a restaurant's breach of their duty of care. It is important to note that your right to sue is only limited to accidents directly related to a restaurant's negligence. So if you are responsible for your injuries, for example, walking while distracted by your phone, you may not succeed at getting compensation.

Talk to a Personal Injury Lawyer in Texas

Getting compensation for damages suffered in a restaurant is not automatic. You have to file a claim with the responsible restaurant. You could navigate your claim without a lawyer for minor injuries such as a few scrapes and bruises. But it is important not to dismiss an injury as minor until a doctor says so. Also, you may want to consult a personal injury lawyer with a proven track record to establish if your claim is worth pursuing or not. Most personal injury lawyers offer a first free consultation, so you do not have to worry about the cost. If a lawyer suggests that you go ahead, it is a good idea to take their advice. According to statistics, you will have a better chance of recovering fair compensation with a lawyer than without one.

Types of Restaurant Accidents That Can Lead to Injuries

There are several ways you could suffer injuries in a restaurant. Stepping on a wet floor causes you to slip and fall, assault in a poorly lit parking lot, scalds from hot beverages, food poisoning, or dram laws violations. The plaintiff must prove the elements of negligence to recover compensation for damages resulting from the above mentioned situations. These elements include:

Duty of care. The duty of care begins when a person legally enters a restaurant, irrespective of whether they make a purchase.
Breach of duty. If a restaurant fails to uphold the standard of care that any reasonable restaurant owner would base on the circumstances, they will be in breach of care.
Cause. The claimant must prove that the breach of duty was the direct cause of an accident.
Harm. Finally, the claimant must prove that the damages suffered resulted from the accident in question.

What If a Server Causes My Injuries?

Servers can be the cause of an injury. For example, they could spill hot drinks while serving you, causing injuries. If this has happened, you could be wondering who between the server and the restaurant is to blame for your injuries. Under the Texas' doctrine of vicarious liability, the restaurant owner is directly responsible for damages caused by their servers as long as the accidents occur in the course and scope of the job.

What If I am Assaulted Inside the Restaurant?

Restaurants may not be responsible for damages resulting from the criminal acts of third parties, even if the attack happens inside the restaurant. However, if the restaurant owner was aware of the impending attack but failed to avert it, they can be held liable for damages arising from such attacks. For example, a restaurant may be liable for an assault on a poorly lit parking lot if the restaurant owner knew that attacks in the parking lot are common but failed to take appropriate action like installing security lights. Also, the restaurant could be liable if an employee perpetrates the assault. Another circumstance where the restaurant would be liable for an assault is if it is a result of a violation of Texas' dram laws. Under dram laws, restaurants and other establishments must not serve alcohol to intoxicated patrons. If an establishment serves alcohol to a visibly intoxicated person and the person causes damages, for example, assaulting other patrons, the establishment will be responsible for the resulting damages.