Restaurant Owner Liability

Grilling ChickenGoing out to a restaurant means you’re going to pay a little more than you normally would if you were dining at home, but that you’ll be treated with great service and possibly be introduced to a new dish. While you should rightfully expect the best, sometimes that’s not the case. Under certain circumstances, a restaurant owner may be liable to you for injuries you endure while dining out.

Improperly Cooked Food

Food can be cooked improperly if it is undercooked, scalding hot, or previously contaminated. Undercooked food can cause severe illnesses, especially to young children and the elderly. Food and beverages that are too hot can cause burns that lead to hospitalization. Contaminated foods can risk potentially deadly illnesses such as E. coli or Salmonella.

It is normal to expect chefs to know what they are doing and put your trust in them when you’re at a restaurant. Unfortunately, sometimes food is not handled properly. Restaurant inspections are not taken lightly and nevertheless, inspectors consistently find food violations at even the top-rated restaurants. Food violations have included:

  • Poor employee and/or kitchen sanitation
  • Food contamination
  • Improperly storing foods that are meant to be cooked at different temperatures together
  • Not cleaning built up grease, dust, and dirt on walls and countertops
  • Water not heating up to the required temperatures
  • Improperly storing silverware and drinking glasses
  • Not throwing out expired food
  • Storing food items at the wrong temperatures

Premise Liability

Restaurant owners are held responsible if they fail to maintain their restaurants’ premises. If you are injured because of a spill that should have been cleaned up or another hazard that shouldn’t have been there, you might be able to receive compensation. In tort liability, if you are lawfully at an owner’s place of business, you are considered to be benefiting the property owner and therefore will be considered an “invitee.” Invitee status means that property owners owe you a duty to reasonably inspect and maintain their premises to make sure that you are not harmed.

You could have a successful claim if an owner and/or his or her employees failed to clean up a spill on the floor causing you to slip, fall, and injure yourself. Owners and their employees need to keep an eye out for foreseeable accidents. It does not only stop there, as owners may be liable for poorly maintained parking lots, lighted areas, and furniture.

For Restaurant Owners

As a restaurant owner, you are responsible for your guests dining at your establishment. To avoid any potential lawsuits, you should not only check for potential violations, but also require your employees to inspect the premises while they are working. Furthermore, it will pay off to have someone at your restaurant dedicated to cleaning and inspections so that your kitchen, eating area, and restrooms are spotless. Not only will this reduce your chances of a lawsuit or violation, but you will also keep your guests happy, coming back, and you’ll receive great reviews in return.

Contact Us

If you were injured at a restaurant and you believe the restaurant owner was at fault, you may be able to receive compensation. The first step is to contact an attorney to discuss what happened as every case is different. Contact The O’Brien Law Firm today at (716) 907-7777 for a free initial consultation.

Who Can Sue For Premise Liability 

Private Property, No Trespassing SignHave you ever had children trespass on your property and felt like an unfriendly neighbor for telling them they can no longer ride their bikes or ATVs there? While you might think you’re nagging them, you are actually protecting yourself from liability because if one of them falls and gets injured on your property, you could potentially be sued. Property ownership requires some upkeep and, in some cases, even routine inspections to make sure the premises are safe. 

Invitees 

People who are considered to have invitee status in premise liability are typically people visiting business locations such as restaurants, grocery stores, or department stores. Invitees are usually on the property for the property owner’s financial gain rather than a friendly social visit. They can also be people in public places such as parks and sidewalks because of their implied invitation to lawfully be there. 

Owners that invite people onto their business premises owe people the duty of care to maintain the premises so that they are safe and additionally repair any hazardous conditions. Whether an invitee slips and falls on a food item at a grocery store or is injured by broken equipment in a park, these lawsuits entail figuring out how reasonable it would have been for the owner to foresee the harm and whether he or she knew or should have known about the dangerous condition. 

Licensees 

Licensees are people invited to visit a location for social purposes. These people include friends or family that visit someone’s home for a party or holiday gathering. Property owners owe licensees a duty of care to inform them about any known dangers on the premises that are not obvious to the licensee. For example, lawsuits involving this liability can arise when a homeowner knows about a condition on their property that could potentially be dangerous to his or her guests and does not warn about it. 

Trespassers 

Trespassers are people who are on another’s property uninvited and/or no longer welcomed. The least amount of duty of care is owed to trespassers. However, property owners are always prohibited from setting up dangerous traps that could injure or kill someone by trespassing onto their property. While it is more difficult for a trespasser to successfully sue (as opposed to someone who was lawfully on the property), there have been some successful cases.  

Traditionally, homeowners do not need to warn trespassers of dangerous conditions. However, once a homeowner discovers a trespasser and fails to ask him or her to leave, a higher duty of care will be owed. Furthermore, a property owner can likely be held liable if a child is injured by a dangerous condition on the property, whether or not the child was invited. This “attractive nuisance doctrine” protects children and could include a slippery artificially rocked pond that a reasonable adult would know is dangerous, but a child would not. 

Contact Us 

If you are injured on someone else’s property or need advice about someone injured on your own property, call The O’Brien Law Firm so we can confidentially discuss what happened. We are one call away and ready to help at (716) 907-7777. 

Contacting An Attorney After Being Personally Injured 

Personal injury claim note pinned on the bulletin boardWhether someone intentionally hurt you or you were involved in an accident caused by the negligence of another, you should receive compensation for your current and future medical expenses.

Personal injury attorneys can help you file suit for injuries including: 

  • Vehicle accidents 
  • Product liability 
  • Medical malpractice 
  • Workers’ compensation 
  • Premise liability 
  • Wrongful death 

While it is understandable to want to move on, you should not let a blameworthy person remain unaccountable for his or her actions. Additionally, you should not have to pay out of your own savings for your medical expenses. At O’Brien, we always give free initial consultations and we won’t charge you a thing unless you win. Therefore, you have absolutely nothing to lose by simply talking to us to see what we can do for you. While vehicle accidents are the most common personal injury suit, it is only among one of the many reasons to sue. 

Products Liability 

If a product you purchase is defective, you can sue the whole chain of distribution that released the product out onto the market. Assuming you used the product in the way it was intended to be used, you shouldn’t be harmed by any product that passed safety tests. If you are injured, an attorney will be able to look up exactly who to sue and help you with the process. 

Medical Malpractice 

When you go to see your doctor, you shouldn’t end up with an additional unrelated injury caused by a doctor or other medical employees. If you believe you were injured because of the negligence of medical personnel, you could have a case. Medical practitioners are there to help you get better, not worse. 

Workers’ Compensation 

You need to work every day but you should expect your safety to be a priority to your employer. When there is a hazardous condition at work resulting in injuries, you might be able to receive compensation for the medical bills that will pile up. No one should be afraid of injuries in their day-to-day work activities. 

Premise Liability 

Whether you were on someone else’s property for a business or social visit, each property owners owes certain duties to you for your safety. If you are injured, you shouldn’t have to pay for those injuries when the property owner or his or her employees are at fault. Oftentimes, a property owner will have insurance to cover your medical expenses, so you shouldn’t think twice about at the very least consulting an attorney about your options. 

Wrongful Death 

If a close family member passes away due to the fault of someone else, you can still do something about it. Whether you’ve lost the companionship, support, or suffer from hardship because of the death of that loved one our attorneys can help you receive compensation on behalf of him or her. While this is always a sensitive suit, you can rest assured that our attorneys can be strong for you when you’re going through this hard time.  

Contact Us 

No matter the injury, if it falls within the realm of personal injury, we can help. O’Brien Law has skilled attorneys with years of experience to help you receive compensation. Call us today at (716) 907-7777We’re here to help. 

What Falls Under Personal Injury Law?

Injured man consulting an attorney about a lawsuit.

Personal injury law consists of various types of injuries and harms. Many of these injuries can happen to you or your family member on any given day.

  • Personal injury attorneys handle cases involving: 
  • Vehicle accidents (including cars, trucks, and motorcycles)
  • Work-related accidents
  • Premise liability (such as slip and falls)
  • Negligence
  • Medical malpractice
  • Wrongful death

Whether you were injured personally, or your family member has passed away due to someone else’s fault, personal injury attorneys will take the steps necessary for you to receive the compensation that you require. 

Car Accidents 

Car accidents are one of the top reasons why people reach out to personal injury attorneys because they are unfortunately very common. In fact, car accidents happen every day. Most people drive every day and with that necessity, always comes the chance that an accident can occur. 

Car accidents are always stressful, and many people simply want to have the situation over with as soon as possible. However, that is not always the best option. Firstly, you may not realize that you are injured because you may not feel your injuries until days after the accident. Additionally, insurance companies will likely try to contact you to receive your statement so that they end up paying the least amount possible. In the future, your insurance payments may increase as well. Do not fall into the trap of moving on as quickly as possible following a car accident. Instead, contact a personal injury attorney so that he or she can advise you on what you should do for you. 

Premise Liability 

If you are injured at a place of business, the owner of that business may be liable to you. When you visit a place of business, you are considered an invitee. Having invitee status means that the owner of the business has a duty not only to maintain the premises so that they are safe to his or her patrons, but to also make reasonable inspections of the area and repair any dangerous conditions.  

As an example, there has been a series of cases involving banana peels: In one case, the owner was held liable because the banana peel that a patron slipped and fell on was dark, gritty, and dirty (presuming that it had been there for a long period of time and should have been noticed and removed); in another case, an owner was not held liable because the banana peel that a patron slipped and fell on was bright yellow and fresh (presuming that it had just been dropped and it would have been unreasonable for the owner to have immediately inspected and fixed the condition). 

Medical Malpractice 

Another common personal injury is medical malpractice. When you go to a hospital or other healthcare facility, you want to feel better and be healed. However, there have been several cases involving medical misconduct or negligence that have left patients unjustly worse off than when they first arrived. Doctors are professionals that deal with the health and well-being of their patients. You should rightfully presume that you will feel better after seeing a doctor rather than worse or with a new condition. Depending on the facts, you may have a claim if you are furtherly injured following a doctor visit. 

Contact Us 

The O’Brien Law Firm is ready and ample to take on your case if you believe that you have been involved in an accident that requires compensation. Call us today at (716) 907-7777 so that we go over your case and see what we can do for you.