filing a lawsuit for harm at a restaurant

What is the worst that can happen at a restaurant? Maybe the waiter or waitress messed up your order. Or maybe the food makes you sick. Actually, the most common issue is slipping and falling in the restaurant.

This guide will tell you all you need to know about filing a lawsuit for harm at a restaurant. So, let’s dive into the article and look at all the nuances and details.

Terms You’ll Need to Know

These terms will help you understand the legal aspects of filing a lawsuit for harm at a restaurant. Restaurants do not have the same kind of legal liability as everyone else, so here are some the differences and what you need to know about them in order to file a lawsuit.


An invitee is someone whom the landlord (or tenant) has invited to the property. This can be done explicitly or by implication. If you go to a restaurant, you are an invitee on that property. In Florida, property owners are required to maintain reasonably safe premises and warn invitees of any dangerous conditions that they know or should know about (for example, putting up a “Wet Floor” sign after recent cleaning).

If your attorney can prove that the property owner owed you a duty of care but failed to meet that duty, you may be eligible for compensation. 

A Florida premises liability attorney from Lytal, Reiter, Smith, Ivey & Fronrath will help you navigate the tricky waters and get you the right compensation you deserve.


This term refers to someone who enters the premises without any intention of doing business or engaging in any kind of transaction. In other words, and a more legally sound definition, someone who enters the premise solely for their benefit. 

One very common example could be someone who just wanted to visit the restroom. Similar to invitees, Florida law requires property owners to notify licensees of any dangerous conditions. Property owners cannot purposefully harm a licensee, no matter how frustrated they are that people enter their business and use the restroom without buying anything.


Trespassers are those who enter without permission. In Florida, property owners are not required to warn trespassers of dangerous conditions. However, the owner can be held liable for inflicting intentional harm to the trespasser.

Florida premises liability law features certain ambiguities and complications that can easily become confusing. That’s why it’s crucial to speak with an experienced attorney.

Slip and Falls and Other Common Incidents

One of the most common incidents (and legal cases) that happen is a slip and fall. If you want to have a valid case, you need to prove three things:

  • The restaurant owed you a duty of care. This will depend on why you were on the restaurant’s premises in the first place.
  • The restaurant failed to meet the duty of care that is required for your status, which can also be called negligence. 
  • And finally, you suffered harm due to this negligence.

Slip and fall cases can happen for several reasons. There might be a lack of proper signs about a potentially slippery surface. Or, perhaps the restaurant knew (or should have known) about the dangers but didn’t want to pay to fix them.

Were you negligent? 

You also need to address whether or not you were negligent to some extent. In that case, some states will have different laws. In Florida, if you, the customer, are also partially at fault or negligent, then you can shoulder some of the blame. 

This is because Florida has a comparative negligence law. But do not worry; in slip and fall cases, you can still be compensated for the damage done. 

A common example is that you ran and tripped on something that should not have been there. However, the place where you were running may have been only meant for walking. 

Additionally, if someone who was under the influence of alcohol walked in and fell, then they are also partially at fault.

Contact a West Palm Beach Personal Injury Attorney Today

Filing a lawsuit for harm at a restaurant can get tricky. The experienced Florida premises liability attorneys at Lytal, Reiter, Smith, Ivey & Fronrath will work to get you the compensation you deserve.

Call (561) 655-1990 now to book your free consultation.