Visitor Question

Fell in a Restaurant Bathroom…

Submitted By: Akisha (Lancaster, PA)

I was in a restaurant and I had to go to the restroom, so I went to the bathroom and I closed the stall door. As I turned around I slipped on water that was on the floor. I fell to the side and hurt my back badly.

I’m wondering if the restaurant is liable because there was water on the bathroom floor. I don’t know if water on a bathroom floor constitutes negligence or not. What should I do?

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 Akisha,

In most cases restaurants are liable for injuries their patrons suffer. Whether they knew there was water on the bathroom floor or not really doesn’t matter. They have a responsibility to monitor what goes on in their restaurant, including their restrooms.

The next consideration is the severity of your injuries. If you only suffered temporary pain and discomfort and didn’t require medical attention you really don’t have a case.

If you did suffer some injuries and did seek medical attention, you may have a claim against the restaurant for your doctors’ bills and any related out of pocket expense, such as prescription medications and the like.

Hopefully you reported the incident to someone at the restaurant at the time you were injured. If so, hopefully they made a written incident report.

If you have suffered injuries and sought medical attention, and there is a written incident report made by someone in a supervisory position, and the report was made at the time of the injury, you do have the beginnings of a good case against the restaurant.

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 19, 2011

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