Restaurants are supposed to be safe places for patrons to go. Sometimes, however, things go wrong and guests get hurt while they are dining out. Just recently, actress Tori Spelling sustained serious injuries at a restaurant. According to WTOP, Spelling has filed a lawsuit seeking in excess of $25,000 in damages. She claims she suffered a fall due to unsafe property conditions, which caused her to sustain serious burns when her arm hit a hot Hibachi grill.
Incidents like this can happen to anyone, and many victims of slip and falls may wish to pursue claims against the restaurant as Spelling is doing. If you or someone you love got hurt while dining out, while shopping, or when visiting any public location or even private home, you need to understand your rights under Georgia’s premises liability law.
An Atlanta slip and fall accident lawyer can provide legal representation to fall injury victims and can help those who have been hurt to pursue damage claims for compensation.
When Can You Sue a Restaurant for a Slip and Fall?
To successfully sue the restaurant where her burns occurred, Tori Spelling– like other victims of fall injuries– would need to be able to prove by a preponderance of the evidence that the restaurant had a legal duty to ensure her safety, which the restaurant failed to fulfill.
Restaurants and other establishments that are open to the public do not act as insurers of their patron’s safety. In other words, they are not responsible for every single accident or every single incident where something goes wrong. They do, however, have certain legal duties to avoid the creation of dangerous conditions.
Restaurants should regularly inspect the conditions of their premises in order to determine if there are any safety hazards or risk factors that could lead patrons to fall or to suffer other injuries like burns or damage from debris falling onto them.
Once a restaurant has identified a potential hazard, the restaurant either should take steps to fix the problem or should provide sufficient warning to patrons so they can avoid being harmed by the property conditions. If a restaurant fails to make sure its property is reasonably safe, it can be sued.
Restaurants can only be held responsible for damages that were directly caused by negligence. For Spelling to recover for her burn injuries, she would need to show the injuries were directly caused by unsafe property conditions at the restaurant. Other patrons who fall in restaurants and public spaces may suffer other types of injuries, like spinal cord damage and broke bones. To be compensated for these losses, the victims would also need to show their specific injuries occurred as a direct result of substandard property maintenance.
If victims can make a claim and show the restaurant is liable, they can be compensated for all economic loss and for all non-financial losses including pain caused by injuries. An attorney can provide assistance in gathering evidence to show how a fall happened so victims can be fairly compensated for loss.
The Atlanta injury lawyers at Sammons & Carpenter, P.C. can represent victims after an accidental injury. Call today at (404) 814-8949 or contact us online to schedule your free consultation.