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“Legal liability alone can serve as an economic signal to deter firms from producing unsafe food and… can also serve as an indirect regulator promoting food safety,” concludes a prominent law school. (2)
Culinary industry accidents are not rare. They happen everywhere, even in New York City (NYC).
The most potentially serious injuries in restaurants are caused by slip and fall accidents. The rate of fatal occupational injuries in NYC during 2020 reached over 20% for slips, trips, and falls reports the U.S. Bureau of Labor Statistics (BLS). (3)
The rate was even higher for exposure to harmful substances or environments — almost 29%. (4) Exposure could, for example, come from ingesting contaminated food.
The Centers for Disease Control and Prevention (CDC) investigated online reviews by NYC restaurant patrons. It indicated 3 possible outbreaks of foodborne illnesses, leading to illness in 16 people, in less than one year. (5)
The reasons for these restaurant accidents vary. In the culinary industry, harmful accidents at restaurants are likely to result from:
If you or a loved one experienced an accident at a restaurant, contact us today to understand your legal rights.Get a Free Case Review
Restaurant accidents can lead to a wide range of injuries. The types of injuries suffered in restaurants include:
These injuries can be very serious. They can require lengthy hospital stays, and expensive treatment. You want to hold those responsible accountable. An attorney can help you determine who should bear responsibility for your injuries.
Restaurant owners and operators have a duty to provide a safe and clean establishment for both employees and customers. When illness or injury occur on the restaurant premises, owners and operators can be held liable if their action or failure to act — negligence — caused your illness or injury. (25)
For example, lack of proper signage is a safety hazard. Say a restaurant employee fails to post signs warning patrons of wet floors after mopping up a spill in the dining room. When you walk across the wet floor, you slip and fall. You seriously injure your back. The restaurant owners and operators can be held liable because no signs were posted.
The key factor in your case is to show the court the owners knew of the hazardous conditions or should have known about them. You need to prove they did not take reasonable steps to prevent harm. (26) In other words, they did not act with the same level of care as any reasonable person might have, given similar circumstances. (27)
Negligence can also fall under premises liability. Premises liability laws vary by state. Owners or operators of properties can be held accountable if they created or allowed a dangerous condition to exist on their property. (28)
If you or a loved one suffered a serious injury at a restaurant, contact us today for a free case evaluation.Get a Free Case Review
To file a lawsuit against a restaurant where you were injured or became ill, you should hire an attorney. An attorney can help you determine who should be held accountable. A knowledgeable attorney can help you file your lawsuit.
In New York, you must file a lawsuit in the proper county. You can file your lawsuit in the county where either you (the plaintiff) or the party you are suing (the defendant) reside. (29)
“If no party resides within the City, the action can be brought in the county where either party has employment or transacts business, provided the defendant has some connection to the City. If no party has residence, employment, or transacts business within the City, the action must be filed in the county where the cause of action arose.” (30)
Once your attorney files the appropriate application for your lawsuit — and the fee is paid — the clerk of the court issues a summons and complaint. The clerk then assigns an index number to your case. Next, your attorney has the summons and complaint served to the defendant in your case. (31)
Defendants have 20 days to file an answer to the summons and complaint. Afterwards, a court date is set. (32)
In the meantime, your attorney may negotiate a settlement with the defendant in your case. If not, your attorney goes to trial on your case.
Monetary compensation (damages) for restaurant accident claims can come in several forms. You may be awarded damages for:
“Punitive damages are considered punishment and are typically awarded at the court’s discretion when the defendant’s behavior is found to be especially harmful.” (33)
An experienced attorney can help you obtain the best possible financial outcome for your case.
If your case goes to court, the court reaches a verdict and may award damages. However, many cases are settled out of court.
Restaurant accident cases are personal injury cases. W&L has a team of attorneys who focus on personal injury cases, like yours. We are proud to represent our client’s interests and help you obtain compensation.
Here are some examples of our successful cases: