Visitor Question

Premise Liability Case for Injury in a Restaurant…

Submitted By: Mark (Dexter, MO)

I fell in a restaurant. The establishment had a slick floor with no wet floor signs and curled up carpeting pieces over the tile area that was already slick. I slipped and fell face first knocking me unconscious for a few minutes and knocking my bottom teeth through my bottom lip. The owner did not even come over to see if I was alright!

I think the restaurant was definitely responsible, there were many witnesses. I have extensive medical bills and 3 months of missed work. I have a torn ACL, torn meniscus, plus other damages in my knee. I already had major knee surgery. Will the establishment be responsible for 100% of my bills and missed work? I don’t see how any of it was my fault.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Mark,

If you fell as a result of the slick floor or the damaged carpet, the establishment should be responsible. This is a premises liability case; In such scenarios, property owners of establishments that are open for business to the public must warn of dangerous conditions (such as wet floors or damaged carpet) and must take reasonable steps to make those conditions safe. When a property owner fails to do so and someone is injured as a result, they are liable.

Commercial property owners that open businesses to the public must carry insurance for situations such as this. Contact the business and request their insurance information. If you are denied, put the same request in writing.

With some diligence, you will likely get what you need such that you can submit a claim directly to the insurance carrier. If you are denied the necessary information, you may wish to submit a time sensitive demand letter directly to the property owner themselves. This usually prompts them to action.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 3, 2011

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