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What Are My Rights if I Was Hurt at a Bar or Restaurant?

Posted on in Personal Injury

california injury lawyerGoing out for food or drinks should be an enjoyable experience. However, an unexpected injury can turn a fun outing into a nightmare. If you or a loved one were hurt at a restaurant, bar, pub, nightclub, or another commercial establishment, you may have questions about your rights. You may wonder, “Does the restaurant have to pay for my medical bills?” or “Is a bar liable for injuries caused by inadequate maintenance?” These types of legal concerns fall under California’s premises liability laws. Each case is unique, but commercial establishments are legally responsible for patrons’ injuries in many situations.

Injuries at Bars and Restaurants

According to California law, business owners have a legal duty to maintain reasonably safe premises. This includes taking action to prevent avoidable injuries. If a restaurant owner or another party acted negligently and that negligence led to a patron’s injiry or death, the party may be liable for damages. Some examples of situations in which a bar or restaurant may be liable include:

  • Restaurant staff failed to clean up spilled oil, causing a customer to be injured in a slip and fall accident.

  • Improper food storage and preparation leads a customer to suffer severe food poisoning.

  • Broken handrails cause a customer to fall down the stairs and suffer a traumatic brain injury.

  • A bar patron is killed in a fire because the bar was not up to code.

Damages in a Premises Liability Case

The amount and types of damages available to those injured at a bar or restaurant vary significantly. In order to file a successful lawsuit and recover compensation, you will need to prove four main elements:

  • The defendant, or party you are suing, owned a legal duty of care.

  • The defendant did not meet the duty of care.

  • You were injured by the defendant’s negligence or wrongdoing.

  • You sustained damages because of your injuries.

The term “damages” refers to financial losses caused by the injuries. Emergency room expenses, medication, and other medical costs are some of the most common damages in a personal injury claim. Lost wages from time off of work may also be recoverable. Damages for non-financial harm caused by the incident, including your pain and suffering, may also be available. If a loved one died in an incident at a restaurant or bar, you may be able to recover compensation for funeral and burial expenses, loss of the deceased person’s income, and loss of the deceased person’s society and companionship.

Contact a San Jose Personal Injury Attorney

If you or a loved one were harmed in an incident at a restaurant or bar, contact Fuller Law Firm for help. Santa Clara personal injury lawyer Cory Lee Fuller can help you hold the liable party accountable and seek compensation for your damages. Call 408-234-7563 today for a free consultation.

Source:

https://www.courts.ca.gov/partners/documents/Judicial_Council_of_California_Civil_Jury_Instructions.pdf

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