Written by: Mitchell Panter • December 13, 2018• Legally Speaking

Restaurant Liability Rules To Know

During the busy holiday season, you may find yourself dining out more often, whether with friends, family, or work colleagues to celebrate a good year. Each time you dine out, you expect to receive a certain level of service, but also a high level of quality and safety. Restaurant owners have a responsibility to maintain a safe premise for their patrons or provide warnings if unsafe conditions exist at the establishment, or they risk being held liable for injuries that occur inside or even in the parking lot of their restaurant. If safety is not a top concern, here are three areas where restaurants can be held liable for damages or injury to patrons of the establishment.

Slip-and-Falls

Food safety should always be a top priority at any restaurant, but so should the safety of each customer as they move about the restaurant. If any food or drink spills on the floor, it should be cleaned immediately to prevent any slip-and-fall accident. If a patron does fall, and it can be proven that the restaurant acted negligently by ignoring the mess or not warning customers of the danger, the restaurant may be responsible for any injuries sustained as a result of an unsafe floor.

A Safe Premise

Any property owner is responsible for maintaining a safe premise, both in and around their property. If a restaurant does not have proper lighting or does not have adequate security, it can be held liable for any accident that occurs inside or outside the building. For example, if dark conditions in the parking lot have resulted in several robberies and the restaurant is aware but does not provide security measures to prevent any further crimes, that establishment may be held liable for those incidents.

Liquor Liability

Any establishment that sells alcohol assumes an inherent risk. In the state of Florida, we have a Dram Shop Act, which states that someone who is injured by a drunk person can seek compensation from the establishment where the drunk patron was served. A restaurant can be liable for alcohol-related injuries if it can be proven that it willfully and unlawfully served alcohol to a minor or someone who is “habitually addicted.”

Vendors should consider educating staff regularly on the laws and risks associated with alcohol service. If an establishment offers in-depth instruction on this topic, it can be designated a “responsible vendor,” which is a safeguard against criminal liability and losing their liquor license.

A restaurant owes its highest level of care to its customers, but visitors also have a responsibility to act in a responsible way. If a patron of the restaurant does not pay attention to warnings or refuses to stop drinking when requested by the management, he or she may be considered comparatively negligent in any injuries suffered while dining out.

If you feel that at any time a restaurant or bar has been negligent in providing a less than a safe environment and injuries or damages were sustained while at that establishment, it’s a good idea to contact an experienced personal injury attorney. Your attorney can assess your case and may be able to assist you in seeking compensation for your injuries.

The offices of Panter, Panter, & Sampedro are located at 6950 N. Kendall Drive. For more information, call 305-662- 6718, or visit PanterLaw.com.

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