Going out for a slice with your friends or family is a casual and fun experience most everyone enjoys. But what happens if you’re hurt while you’re out eating?
If you couldn’t work, how would you pay your monthly bills? What if the restaurant tells you that they’re not responsible for your injuries? Fortunately, if you were not at fault for your accident, there could be help available.
Personal Injury Claims Explained
Generally, when someone is hurt within a restaurant, the claim that he or she is able to file will fall under the legal classification of a personal injury. However, it’s important to note that how a claim is ultimately classified will largely depend upon the facts that led up to the incident.
Four Elements of a Personal Injury Claim
The four elements of personal injury all revolve around negligence and determining who was at fault for an accident. Negligence occurs when someone does or doesn’t do something that causes an injury to another party. In the case of restaurants, one of the most common claims of negligence involves a slip and fall.
California Pizza Kitchen, like other pizza restaurants, has a duty to keep the floors as safe as they reasonably can. This can mean mopping up floors and leaving out signs warning patrons that the floors are dangerous. If an employee knows that the floor is wet or slick and does nothing about it, that may be seen as a negligent action.
However, a negligent action isn’t enough. Someone must be hurt because the employee did not take the proper precautions to warn diners about the dangers of the slick floor. This is referred to as an actual injury. An actual injury is something that is physical, emotional, or financial in nature. With a slip and fall, the most common injuries are physical.
Finally, your claim would need to pass what is known as the but-for test. This test is designed to help the court determined if your injury was actually caused from the incident that occurred at California Pizza Kitchen. When it comes to a slip and fall, it might look like this: but-for the plaintiff slipping because of a puddle of water near the bathroom, she would not have fallen and broken her leg. This test implies the negligence of the other party.
Hurt at A Pizza Restaurant? Get Legal Help Right Away
If you were hurt while visiting a restraurant, you should get in contact with a personal injury attorney right away. A personal injury attorney can evaluate your claim and help you protect your legal rights. Personal injury claims can only be filed for a certain amount of time after the injury occurs. A personal injury attorney can help you file your claim to get you the compensation that you deserve for your injuries.
Sometimes, personal injury claims may seem very cut and dry, but there are legal specifics that require the expertise of an attorney. Don’t put your legal rights in danger. Call right away.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against California Pizza Kitchen, you may not be entitled to any compensation.
