When you go to a restaurant, you do not expect to sustain injuries. Whether you trip over debris in the restaurant parking lot or fall in spilled food that was not cleaned up, the harm sustained in a restaurant can be serious. If your injuries are the fault of someone else, you should be able to pursue compensation. The premises liability lawyers at Feizy Law Office may be able to advise Dallas victims on how to hold negligent restaurants accountable for their harm.Seeking Compensation from a Negligent Restaurant
In order to determine whether a restaurant has liability, you will have to determine your status as a visitor to the restaurant. Different types of visitors are owed different duties by the restaurant. The highest duty of care is owed towards invitees. These are people who come to the restaurant for the purpose of eating, and with the owner's knowledge and consent. An invitee is a customer. A restaurant owner must use ordinary care to make the premises reasonably safe for invitees.
In most cases, a claimant is an invitee, and in order to recover from a restaurant owner, the claimant will need to show that the owner knew or should have known about the dangerous property condition in the exercise of reasonable care. As a restaurant patron, it can be challenging to prove that the owner knew or should have known about what caused the accident. Moreover, if it is determined that a danger was "open and obvious," the patron cannot recover damages.
Some cases are relatively complex. If a restaurant allows customers to throw peanut shells in a restaurant, for example, the restaurant may be liable for using a dangerous practice of allowing customers to create a hazardous condition. If the plaintiff would not understand the condition is dangerous, it is not "open and obvious." A plaintiff's recovery can be reduced to the extent that the accident is partly his or her fault, under the doctrine of comparative negligence.
Some visitors to a restaurant may be licensees. These are people who come to the restaurant with permission but no invitation. For example, an electricity company employee who comes onto the premises in order to check the wiring is a licensee. A restaurant owner owes a duty to a licensee to warn about hidden dangers that the owner actually knows about. For example, if the electricity company employee has to walk through an area with no lighting to reach the electricity box, and the owner knows that there is a manhole in that area, the owner should install lighting or otherwise warn the electricity company.Explore Your Options with a Dallas Lawyer after a Slip and Fall
You may need to bring a premises liability lawsuit to recover compensation for your injuries if you have been hurt at a restaurant in the Dallas area. Call the slip and fall attorneys at Feizy Law Office at (214) 651-8686 or contact us via our online form for a free consultation. We also represent accident victims in other Texas cities, such as Arlington, Fort Worth, Irving, Garland, and Plano.