Premises Liability Defense for Restaurant Owners
Restaurants are, by their very nature, filled with potential risks of injury. Like many other establishments, restaurant owners and managers are expected to observe safety guidelines and regulations and warn their employees and guests of potential hazards. Accidents, however, can happen at any time and a restaurant guest can suffer serious injuries despite restaurant owners having taken all reasonable precautions.
Premises Liability, As Defined By California Law
Under California’s premises liability laws, a restaurant owner or restaurant manager can be held responsible for the injuries that occur in the property. When a plaintiff files a claim against a restaurant owner, he or she will likely do so based on the theory of negligence. The plaintiff will need to demonstrate liability by presenting evidence of the following elements:
- The restaurant owner or manager owed a duty of care to him or her.
- There was a hazardous condition on the restaurant.
- The restaurant owner or manager knew about the existing hazardous condition and failed to fix the situation.
- The plaintiff was injured because the restaurant owner or manager failed to abide by his or her duty of care in preventing the accident.
A Plaintiff’s Claim of Premises Liability at Restaurants Across Southern California
The risk of injury can be particularly high at restaurants because of the amount of food and drinks handled in the establishments. A person may also have a certain food allergy that can cause injury. In addition, workers and guests alike can carry contagious diseases that could be hazardous to other guests. The following are other scenarios that could trigger a premises liability claim against a Southern California restaurant.
- A slip and fall accident that occurred on a freshly mopped, or dirty floor,
- Lack of cleanliness in the restaurant,
- A deficiency in handholds and other safety equipment in restrooms,
- Untrained restaurant staff,
- Ineffective measures to prevent cross-contamination in the cooking or kitchen area,
- Poorly maintained floors, stairs, or elevators, and/or
- A lack of security that includes insufficient security cameras, dim lighting in the parking lot, or security personnel
Hire an Experienced Attorney to Represent Your Rights in a Premises Liability Claim
If you are a restaurant owner or manager and someone has filed a premises liability cases against you or your establishment, your principal defense is in proving that you were not negligent in causing the accident. Some of the most common defenses you may utilize include, but are not limited to the following:
Contributory Negligence
The plaintiff is evidenced to have contributed to his or her own injury, which could ultimately prevent him or her from collecting damages.
Assumption of Risk
When a plaintiff is aware of the potential risk of injury, has disregarded the risk of injury and was ultimately harmed, he or she has assumed the risk of being injured.
Comparative Negligence
In this premises liability defense, the plaintiff is shown to be partially negligent in causing his or her own injury, which ultimately means that they will receive a reduced award.
If someone has filed a premises liability lawsuit against your establishment, you should challenge the claim to the best of your ability. Consider seeking the legal support of an experienced team of attorneys to represent you.
The attorneys at the Knez Law Group, LLP. have extensive experience in challenging these types of assertions. If appropriate, the firm is prepared to counter the civil action with an affirmative premises liability defense. Protect your interests, and hire the support of an experienced team of attorneys today.
For over forty-three years, Fred Knez has been representing individuals and corporations in serious personal injury and business litigation, both as a plaintiff and defendant. Following his service in the Army during the Vietnam War as a medic and medical laboratory technician, Fred attended the University of Colorado. He then worked as an insurance adjuster for Allstate Insurance and as a private investigator before graduating from law school. Fred was admitted to practice law in California in 1980, the U.S. District Court in 1981, the Ninth Circuit U.S. Court of Appeals in 1983, and the U.S. Supreme Court in 1984. Learn more here.