I recently fell in a restaurant and dislocated a shoulder, and I want to know who is liable for my restaurant fall injury claim?
A restaurant fall injury claim can be made in the circumstance in which you sustained an injury in an accident for which you were not primarily to blame. However the liable party is not always easy to determine and will depend on the specific circumstances surrounding your accident and injury after a restaurant fall. You may be able to claim compensation for a restaurant fall if you have suffered an injury which was caused by the actions – or lack of action – by a member of staff in the restaurant, although you should also be wary of potential contributory negligence. For this reason, you are advised to first have your restaurant fall accident assessed by a personal injury solicitor at the earliest opportunity.
A restaurant fall injury claim could be possible if the restaurant had failed to perform their duty of care towards you, resulting in an injury being sustained. This could be the scenario if your injury after a restaurant fall was sustained – for instance – if you slipped on a wet floor which was not marked with a warning sign. The floor could have been wet as it was being cleaned, meaning a warning sign should have been clearly evident to warn others of the possibility of an injury being sustained, or it could have been wet after a liquid was spilled – in which case the liquid should have been cleared or a warning sign placed to avoid a restaurant fall accident occurring. If it is considered that measures were not taken to alert others of the hazard and an accident occurred as a result, you could be entitled to make a claim for compensation for a restaurant fall.
However your restaurant fall injury claim may not be possible in the circumstance that the restaurant cannot be held liable for your accident or injury. This could be the situation if you sustained an injury after a restaurant fall immediately after the liquid had appeared on the floor and the restaurant did not have the opportunity to remove the hazard, because of which the restaurant may not be held liable for your injury. It is also possible that if contributory negligence is a factor in your restaurant fall accident or injury this could also affect your compensation if – for instance – you neglected to seek immediate medical attention for your injuries, and they deteriorated as a result of your inaction. Claiming compensation for a restaurant fall in this situation is not impossible – however your compensation can be reduced by a percentage in order to reflect your own carelessness.
Determining negligence for an injury after a restaurant fall is not always straightforward and for this reason you are advised to consult a personal injury solicitor at the earliest opportunity following your accident. Your solicitor will assess your claim and advise as to the strength of your claim, determine the amount of compensation for a restaurant fall you may be entitled to receive and establish whether your claim is worth pursuing further. The Statute of Limitations provides you with two years in which to make a claim for a restaurant fall accident following your medical treatment, and for this reason legal advice for a restaurant fall injury claim should be sought at the earliest opportunity.