Were you recently injured after slipping and falling at a restaurant? Depending on the nature of the fall, you may be able to receive compensation for your pain and suffering.
While consulting with an attorney is always the best way to tell, it may help to assess your situation on your own first. To see if you may qualify to file a personal injury claim, we must first understand what a personal injury claim is.
Defining Personal Injury
Personal injury refers to any harm you have suffered because of someone else’s actions.
In a personal injury case, the goal is to prove that the other party’s actions were likely the cause of the accident. Doing so helps place responsibility on them for the injury, your suffering, and the costs that came with it.
Determining Negligence
Any restaurant can contain a number of potential hazards, which include:
- Broken stairs
- Poorly-lit hallways
- Icy sidewalks
- Torn carpeting
- Grease spills
- Food and drink spills
Each of these hazards, which can lead to a serious slip and fall scenarios, hold the potential to show negligence on part of the restaurant. Especially in cases where the hazard is more prominent or has previously received complaints, negligence is easier to prove and helps in building a strong personal injury claim.
When looking at your incident, one of the most important things you can assess is whether you or the restaurant could have reasonably prevented the accident from happening. This depends on a number of factors, such as:
- How long the hazard was present
- How noticeable the hazard was
- Previous notice of the hazard
- The presence (or lack of) warning signage
- Lack of preventative action from the injured party
For example: say you are eating out at a restaurant when you get up to use the restroom. On your way down the hall, you round a corner and slip in a large puddle of water, hitting your head. Not only is the spill concealed by the corner, but there is no “wet floor” sign and no way to see it on the tile — these details would all help prove the restaurant’s negligence.
However, say you are at the same restaurant and walk to the restroom, texting a friend along the way. You fail to notice the “wet floor” sign before the corner and slip on the puddle, hitting your head. In this instance, because of the preventative signage and your distraction while texting, the restaurant’s negligence may be harder to prove.
Consulting with an Attorney
Even if you feel your slip and fall may not qualify, consulting with a personal injury attorney is always a smart option. Their knowledge of prior cases and ability to present you with options could help you seek the compensation you deserve for your accident.
If would like more information or are interested in filing a personal injury claim, contact a attorney today. You can find a qualified attorney in your area by taking our free evaluation.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Famous Dave's, you may not be entitled to any compensation.
