Suing Restaurants in Premises Liability Lawsuits

A restaurant owner has a duty to maintain its property in a reasonably safe condition for patrons. If a dangerous situation exists, and a patron is harmed, they may be entitled to bring a premises liability claim. This duty of care applies in both indoor and outdoor areas, including dining rooms, parking lots, sidewalks, and entryways.

Common Issues Leading to Injuries

Hazardous conditions in restaurants often arise from circumstances like uneven walkways, wet floors, or loose fixtures. Spills are common in restaurants, particularly in high-traffic areas, and may lead to slip and fall incidents. Outdoor hazards, such as potholes in a parking lot, broken steps, or inadequate lighting, can also give rise to a premises liability claim. Restaurants must regularly inspect their property and correct or warn about potentially dangerous issues, especially when conditions persist long enough to be discovered through reasonable care.

Restaurants may also face liability for inadequate or negligent security if they fail to implement safety measures despite a known risk of crime in or around the property, and a patron is harmed as a result.

Defendants Beyond the Restaurant Owner

Responsibility for maintenance may rest on parties other than just the restaurant owner. In some cases, a landlord, property management company, or third-party maintenance service could share liability. These entities may also have a responsibility to repair hazardous conditions or warn patrons about unsafe areas, depending on the details of contractual agreements and the degree of control each party has over the premises.

Notice of the Hazard and Proving Negligence

To establish a restaurant’s negligence, an injured person generally must show that the restaurant owner or its employees either knew or should have known of a dangerous condition and failed to take reasonable steps to correct it or warn patrons. Actual notice exists when the restaurant staff is directly aware of the hazard, such as when a server personally observes a spill. Constructive notice may apply when a condition has remained for such a length of time that a reasonable business should have identified and addressed the hazard. The longer a hazard remains unremedied, the more likely it is that a court or jury will find that the restaurant was negligent in not taking corrective measures.

The Mode of Operation Doctrine

In certain jurisdictions, the mode of operation doctrine can shift the burden of establishing notice of a specific hazard. This principle applies primarily when the restaurant’s usual procedures create a foreseeable risk of spills or similar hazards, making it unnecessary for the injured person to prove the restaurant’s actual or constructive knowledge. The doctrine is often linked to self-service models, like buffets, where patrons serve themselves and the risk of spills is heightened. Courts may not extend this doctrine to traditional sit-down restaurants unless patrons routinely perform tasks ordinarily handled by employees.

Customer Responsibilities and Comparative Negligence

Patrons also bear some responsibility to exercise reasonable care for their own safety. If an injured person disregards visible or posted warnings, or if the patron’s careless actions contributed to the incident, the restaurant might assert that comparative negligence should reduce the amount of damages awarded. In states following contributory negligence principles, the injured person may be barred from recovering any damages if they’re found partially at fault.

In some states, a restaurant’s liability may be reduced or eliminated if a hazard is considered so open and obvious that a reasonable person would have been expected to notice and avoid it. In other states, this “open and obvious” doctrine has been incorporated into a comparative negligence analysis.

Preserving Evidence and Documenting the Incident

Individuals who suffer injuries in a restaurant should endeavor to preserve evidence of how the incident occurred. This may include:

• Keeping any receipts or clothing
• Noting the time and date of the incident
• Documenting any communications with restaurant staff or management
• Preserving any available video or photographic evidence of the condition that caused the harm

Damages in a Restaurant Injury Lawsuit

If a restaurant is found liable for injuries, the injured person may be entitled to economic damages, such as medical expenses and lost income, and non-economic damages that address intangible losses like pain and suffering or emotional distress. The extent of recovery often depends on the severity of the injuries, the state’s legal framework, and the degree of fault, if any, assigned to the injured person.

Last reviewed April 2025