In Florida, the legal principle of premises liability holds property owners and occupiers responsible for maintaining a safe environment for their guests. This duty is particularly stringent for businesses like restaurants that invite the public onto their premises. If a restaurant fails to uphold this duty, injuring a patron, the establishment can be held liable for damages.
Keep reading to learn when and how you can sue a Florida restaurant for injury. If you or a loved one were hurt, call our West Palm Beach premises liability lawyers at (561) 655-1990.
Common injuries in restaurants
Common injuries that may occur in restaurants include:
- Slip-and-fall accidents: These can result from wet floors, uneven surfaces, or obstacles in walkways.
- Food poisoning: Consuming contaminated or improperly prepared food can lead to serious health issues.
- Burns or cuts: Accidents involving hot dishes, beverages, or sharp utensils can cause harm.
- Assaults due to negligent security: Inadequate security measures can lead to patron injuries from criminal acts.
Establishing liability
To hold a restaurant accountable for your injury, you must demonstrate the following elements:
- Duty of care: The restaurant had a legal obligation to ensure your safety as a patron.
- Breach of duty: The establishment failed to meet this obligation by not maintaining a safe environment.
- Causation: This breach directly resulted in your injury.
- Damages: You suffered actual harm, such as physical injuries, medical expenses, or lost wages.
Comparative negligence in Florida
Florida operates under a comparative negligence system, meaning that if you are partially at fault for your injury, your compensation may be reduced proportionally. For instance, if you are found to be 20% responsible for the incident, your recoverable damages would decrease by 20%.
Statute of limitations
It’s crucial to act promptly, as Florida law imposes a statute of limitations on personal injury claims. As of March 2023, the timeframe to file such claims has been reduced from four years to two years from the date of the incident. Failing to file within this period may forfeit your right to seek compensation.
Steps to take following an injury
If you sustain an injury at a restaurant, consider the following actions:
- Seek immediate medical attention: Prioritize your health by consulting a healthcare professional, even if injuries seem minor.
- Report the incident: Notify restaurant management and ensure an incident report is filed.
- Document evidence: Collect photographs of the scene, your injuries, and contact information of any witnesses.
- Consult a personal injury attorney: Engage with an experienced attorney to evaluate your case and guide you through the legal process.
Seek expert legal guidance for restaurant-related injuries
Understanding your rights under Florida’s premises liability laws is essential in seeking appropriate compensation. At Lytal, Reiter, Smith, Ivey & Fronrath, our dedicated team is committed to advocating for victims of such incidents. If you or a loved one has been injured due to a restaurant’s negligence, contact us for a comprehensive consultation to explore your legal options.
