Table of Contents
- A Restaurant’s Duty of Care in Preventing Slip and Fall Accidents
- Four Elements of Negligence to Establish a Restaurant is Liable for Your Fall
- Who Can You Sue After Being Injured in a Slip and Fall at a Restaurant in New York?
- What if You Were Partly At Fault for the Slip and Fall in the Restaurant?
- Damages in Restaurant Slip and Fall Lawsuits in New York
- How We Helped Our Client After a Slip and Fall in a Restaurant
- How Long Do You Have to Sue after a Slip and Fall in a Restaurant in New York?
- Do You Have a Slip and Fall Lawsuit Against a Negligent New York Restaurant? Contact Lever & Ecker Today for a Free Case Evaluation
A Restaurant’s Duty of Care in Preventing Slip and Fall Accidents
Restaurants in New York must maintain reasonably safe premises and promptly remove hazardous conditions that could lead to falls. Common law traditionally separated restaurant visitors into three categories:
- Invitee — someone invited to the restaurant to do business, such as a customer
- Licensee — someone who enters the premises with permission but for their own benefit, such as a salesman or utility worker
- Trespasser — someone illegally on the property
Under this system, restaurants had the highest duty to invitees, which included a duty to inspect the premises for hazards, remove hazards promptly, or warn the public about hazards that cannot be immediately removed. The duty to licensees was merely to remove or warn about known hazards, but without the duty to inspect. Restaurants’ only duty to trespassers was to avoid intentionally harming them.
In 1976, the New York Court of Appeals removed these distinctions to a great extent and ruled that businesses in New York can be held liable for injuries based on whether they could reasonably foresee that someone would enter the property and that a condition on the property was likely to injure him or her, regardless of their status.
What the Duty of Care Means for New York Restaurants
The duty of care is determined by the reasonable person standard. What would a reasonable person do to keep the premises safe? In the case of a restaurant, there are numerous hazards that could put customers and other visitors at risk of falling, including spilled liquids or foods, greasy floors, and leaky pipes in restrooms. This is in addition to the common causes of falls at any business, such as poor lighting, poorly maintained parking lots, rain or mud in entrances and exits, trip hazards, and poorly maintained stairs or steps.
A reasonable person would inspect a restaurant multiple times a day for spills and leaks because there is a reasonable possibility of these conditions occurring at any given time. Most importantly, a reasonable person would mitigate these hazards promptly.
New York Restaurants can only be held liable for falls if they had a reasonable opportunity to prevent them. For example, if a customer spills his or her drink and another customer immediately falls, the restaurant may not be liable because there was no opportunity to mitigate the hazard, thus no negligence. However, if the spill was still there 20 minutes later and someone fell, there may be a case.
Four Elements of Negligence to Establish a Restaurant is Liable for Your Fall
To prevail in a slip-and-fall claim against a NYC restaurant, you must prove that all four of the elements of negligence are present:
- The restaurant owed a duty of care. You were lawfully in the restaurant or on the property in an authorized area during regular business hours, such as a parking lot or public dining area.
- The restaurant breached its duty of care. Staff at the restaurant failed to remove a hazardous condition or warn you about it if you were lawfully on the property. If you were a trespasser, you may need to prove that the staff intentionally put you in harm’s way.
- You suffered measurable harm. You suffered injuries that you would not have suffered except for the breach of duty, and those injuries resulted in medical bills, pain and suffering, or other verifiable losses.
- The breach of duty is the direct cause of your injuries. The restaurant’s negligence, and not something else, caused your injuries.
Who Can You Sue After Being Injured in a Slip and Fall at a Restaurant in New York?
When you fall in a restaurant, the owner is usually responsible. The owner may be an individual or a corporate entity. Restaurant owners are responsible for the negligence of their staff, including managers and waitstaff. However, restaurant owners are only one of many potentially liable parties. The parties below may also be liable for a fall in a restaurant:
- The property owner, if the restaurant is leasing the space, particularly if the fall occurs in the parking lot, and the owner is responsible for maintenance. The lease will help determine liability.
- A management company that the restaurant has contracted with to manage its operations
- Independent contractors, such as cleaning companies or plumbers, who did faulty work and left hazardous conditions behind
We will investigate your accident and identify all of the liable parties so we can recover full compensation on your behalf.
What if You Were Partly At Fault for the Slip and Fall in the Restaurant?
New York’s pure comparative negligence law allows you to recover compensation for injuries even if an accident was partly your fault. Suppose you are distracted on your phone while walking to your seat in a restaurant. You walk through a large spill in the middle of a walkway and fall.
Although the restaurant would likely be liable, you may be found partly at fault if the spill was obvious and reasonably avoidable. In such a case, you would still be eligible for compensation, but it would be reduced in proportion to your share of fault. For example, if you suffered $100,000 in damages but are 10 percent at fault, you would be entitled to receive $90,000.
In many cases, the restaurant will play the blame game and say you are at fault for the fall, even if it is untrue. When you have our dedicated attorneys on your side, you can count on us to be thorough in the accident investigation. Restaurants and their insurers may try to shift blame. We will conduct a thorough investigation to refute unfounded allegations and work to minimize any percentage of fault assigned to you.
Damages in Restaurant Slip and Fall Lawsuits in New York
Falling in a restaurant can cause traumatic brain injuries, back injuries, and broken bones. You may need surgery or have to suffer through months of painful treatments. Even after all of this, you could be left with chronic pain and permanent disabilities that affect your finances and quality of life. Falling in public can be an embarrassing and traumatic experience. You may be unable to enjoy eating in a restaurant as a result of your experience.
You deserve compensation when the restaurant’s negligence is to blame. Damages in a slip and fall lawsuit against a restaurant may include economic and non-economic damages. Non-economic damages cover subjective losses, such as pain and suffering (including any surgeries), emotional distress, loss of enjoyment of life, humiliation, and inconvenience. Economic damages are compensation for financial losses, such as medical bills, lost wages, and lost earning capacity.
We understand how difficult it is to cope with the emotional and physical effects of a fall. We genuinely care about making a difference for you and recovering full compensation for your injuries. We handle all of the legal details so you can focus on healing.
How We Helped Our Client After a Slip and Fall in a Restaurant
One of our clients was a woman who fell in an Italian restaurant on a rainy day. The doormat was soaking wet, and she fell as soon as she stepped off it. Her husband contacted our firm and spoke with David B. Lever, who handled every detail. Our firm provided extensive support to the couple and stayed on top of the case. We successfully obtained a settlement, which the husband told us gave the couple the closure they needed to move forward.
How Long Do You Have to Sue after a Slip and Fall in a Restaurant in New York?
The statute of limitations for slips, trips, and falls in New York is generally three years from the date of the accident, pursuant to CPLR § 214(5). However, you should not wait to contact an attorney. They may need access to evidence as soon as possible, as eyewitnesses can forget details or move away, restaurant staff can hide evidence, and video footage can be erased. Involving an attorney early is the most important way to boost your case, and once you call us, we handle everything.
After a slip, trip, or fall accident in New York, you typically have three years from the date of the accident to file a lawsuit. These timelines are quite strict, so it’s important to contact us if you’ve been involved in such an accident. We can help guide you through the process and ensure you meet all necessary deadlines.
Do You Have a Slip and Fall Lawsuit Against a Negligent New York Restaurant? Contact Lever & Ecker Today for a Free Case Evaluation
If you are injured after falling in a restaurant, you will need a skilled attorney to start building your case as soon as possible. Our compassionate New York restaurant slip and fall attorneys provide top-tier legal representation and an open line of communication. Our attorneys are trial-tested with over 70 years of combined experience and hundreds of millions in compensation recovered.
As New York personal injury lawyers, we take restaurant slip and fall cases…very personally. When you choose us, you are not just a case number—you are family. We listen, guide you, and take care of the hard work right away. We will meet with you at your home or hospital bed if needed. You can focus on healing while we handle all of your legal details.
We charge no upfront fees, and you only pay if we win. The initial consultation is free, and our attorneys are fluent in Spanish. We have three offices throughout the city to ensure we are accessible to all New Yorkers. Contact us online today for a free case review or call our office nearest to you:
- White Plains: (914) 288-9191
- Bronx: (718) 933-3632
- Queens: (347) 391-6337
