Brooklyn Attorney for Injuries that Occur at Restaurants
There are various types of restaurants throughout the State of New York that are visited by hundreds of people daily for the unique food they offer. However, while good food is desired by many, it is also important to ensure the safety of restaurant visitors. If you or a family member was the victim of a serious accident at a restaurant, contact an experienced Brooklyn attorney for restaurant injuries as soon as possible.
The committed legal team at Sullivan & Galleshaw, LLP possess decades of combined legal experience, and we are ready to help you sue a negligent restaurant for your injuries. To schedule a free legal consultation, contact the Sullivan & Gallehaw, LLP at (718) 843-0300. Use our submission form if you wish to contact us online.
Liability for a Restaurant Accident in Brooklyn
Restaurants, bars, and similar establishments have a duty to ensure their property is kept free of hazards that could seriously injure a visitor. For example, failing to mop up a spill caused by a waiter could open up a restaurant owner to liability for a customer’s injuries if they slip and fall due to the spill.
Under the laws of premises liability, landowners have a duty to correct safety hazards on their property or to at least warn a visitor of any dangers. This duty can vary depending on the status of the person that was injured. For example, a restaurant owner would likely be liable for the injuries of a paying customer that was injured due to falling over an obstruction in the restaurant. Alternatively, in regard to a trespasser, a landowner may only have a duty to avoid acting recklessly.
A Brooklyn restaurant owner can also be held liable for the actions of their employees. For example, if an employee negligently carries a cup of extremely hot coffee that spills on a customer and burns them, the employer could be responsible through vicarious liability. This means if an employee commits a negligent act that is within the scope of their employment, the negligent act can also be attributed to the employer.
Liability will also become a major issue if a victim chooses to file a personal injury lawsuit against a restaurant. To determine damages in a negligence claim, New York has adopted the pure comparative fault rule. Under these rules, a plaintiff’s award of damages will be reduced by their portion of fault. For example, if a plaintiff were 50% responsible for their slip and fall in a restaurant, their damages would be reduced by 50%.
A reduction in damages can be troublesome for a plaintiff that needed the compensation to manage medical bills, loss of wages, and various other expenses. That is why it is important to avoid acting negligently as it could seriously affect a legal claim.
To learn more about proving a negligence claim against a restaurant, you should continue reading and speak with an experienced Brooklyn personal injury lawyer.
Proving a Negligence Claim Against a Brooklyn Restaurant
If you elect to file a personal injury lawsuit against a restaurant in Brooklyn because they caused you to suffer an injury, you must prove how the restaurant operators acted negligently. In a personal injury lawsuit based on negligence, there are four elements that a plaintiff must prove to prevail:
- The defendant owed the plaintiff a duty of care
- The defendant breached their duty of care to a plaintiff
- The defendant’s breach caused the plaintiff’s injuries
- The plaintiff suffered an injury that is compensable by the court
Once a plaintiff has proven all four of these elements, they can be awarded damages for their injuries and other losses. Compensatory damages are divided into two categories: economic damages and noneconomic damages.
Economic damages are awarded because the plaintiff suffered a monetary loss that can easily be calculated. For example, a plaintiff can be awarded economic damages for medical expenses, loss of wages, and many other expenses.
Noneconomic damages are awarded to a plaintiff for injuries that cannot easily be defined monetarily. For instance, a plaintiff could suffer emotional distress, loss of consortium, pain, and suffering, and many other noneconomic injuries.
A plaintiff could also be awarded punitive damages. Punitive damages are awarded in cases where a defendant has committed some particularly egregious action. For example, if a restaurant owner purposely placed crushed glass in the food of a customer to seriously injure them, this action could trigger punitive damages. Otherwise, punitive damages are not typically awarded in personal injury claims where an injury occurred due to an accident.
It is important to note that your personal injury lawsuit is subject to the statute of limitations. The statute of limitations determines how long a plaintiff has to file a particular type of lawsuit. In New York, the filing deadline for a personal injury lawsuit is three years from the date of the injury. While three years is a lengthy amount of time, you should speak with an experienced attorney as soon as possible and avoid delaying your Brooklyn restaurant injury case.
Consult with Our Experienced Brooklyn Restaurant Injury Lawyers to Discuss Your Claim
If the negligent actions of restaurant staff caused you to suffer a severe injury, consult with an experienced Brooklyn restaurant injury lawyer today. Our firm understands how a serious injury can impact a person’s life, and we are here to stand with you. To schedule a free case evaluation to discuss your legal situation, contact Sullivan & Galleshaw, LLP at (718) 843-0300.