Understanding Slip and Fall Legal Claims in Georgia Restaurant Settings
Key Points:
- When restaurant staff and management do not react quickly enough to clean up spills, mop water, or other dangerous obstacles, slip and fall accidents can and will happen.
- In a restaurant slip or trip and fall in the State of Georgia, proper notice and fast investigation may determine whether you can recover for your injuries.
- A personal injury attorney will investigate, gather evidence, and advise you regarding the best course of action for pursuing a claim and how long your case may take.
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Restaurants are often busy places where spills and hazards from dropped food or drinks are common, occurring at tables, along walkways, near bathrooms, and in the kitchen. When the staff and management don’t quickly check and clean up these dangerous spots, slip and fall accidents are likely to happen. Most restaurants have insurance to handle such incidents, but it is not automatic that a person who is injured in a restaurant fall down will be entitled to compensation. Certain evidence must usually be gathered or proven to exist to prove that the restaurant and it staff or management were negligent.
What Evidence Should be Collected from a Restaurant After a Slip and Fall Accident?
Collecting the right evidence after a slip and fall accident in a restaurant is crucial for building a strong case. While you might consider handling the claim independently or calling the restaurant manager or adjuster and asking for compensation for your injuries, restaurant owners and their insurance companies may not offer full payment unless they are convinced that you have the ability and evidence needed to take your case to court and win.
Attorneys (like The Millar Law Firm) that regularly handle restaurant slip or trip and fall accident cases often immediately send the restaurant and its insurance company a notice of claim and a preservation of evidence letter, requiring the restaurant to preserve certain evidence, or risk court sanctions. This includes requesting that the business preserve any video recordings, photographs, work and cleaning schedules, maintenance records, and other evidence that may prove that the restaurant knew or should have known of the dangerous or slippery condition and failed to promptly fix it, before someone could get hurt.
Critical evidence that most attorneys will aim to collect includes:
- Witness Information: Restaurants usually have multiple witnesses present during an accident, including both staff and patrons. If patrons used cards for payment, your attorney might access transaction records to identify and contact them for statements.
- Video Surveillance: Security footage capturing the incident is invaluable. While restaurants might hesitate to release this footage voluntarily, your lawyer can obtain it through legal channels.
- Maintenance and cleaning records: Evidence of a leaking pipe or equipment, restroom cleaning schedules, or work orders may help prove that the restaurant was on notice of the hazard before the time you were injured.
- Emergency Calls: Recordings of 911 calls made at the time of the accident can be crucial. These calls can help establish the immediacy and severity of the incident, and your lawyer can track down the callers for further testimony.
Preventative Measures Restaurants Can Take or Should Have Taken to Prevent Slips and Falls
Slip and fall accidents are often preventable. A smart restauranteur takes care of slips and falls opportunities before they happen by doing the following:
- Training employees to constantly be on the look-out for spills or anything that can cause a slip and fall
- Using yellow warning signs around wet areas
- Quickly cleaning up tables and floor areas when customers leave
- Repairing leaking plumbing fixtures (especially in restrooms) and malfunctioning equipment, such as coolers or freezers.
In Georgia, Who Pays The Medical Bills That Come With Slip and Fall Accidents?
As you know, serious injuries such as fractures, severe sprains, concussions, or severe bruising may have happened to you, leaving you wondering how to pay the medical bills and who is responsible. Medical expenses can range from emergency room treatment to surgery or specialist care or ongoing physical therapy.
If you have medical insurance, your health insurance will initially pay your bills. If and when negligence is accepted in the form of a settlement or proven in Court, the restaurant or its insurance company will pay your medical bills, with additional compensation usually being paid for your pain and suffering and other economic and non-economic damages.
If you do not have medical health insurance, some medical doctors and clinics may agree to treat you with a promise of later being paid when your case settles or a verdict is collected. This is known as treatment on a lien. Most experienced personal injury lawyers know of doctors and medical providers who may give medical care on a lien basis.
Restaurant Injury Lawyers Help You Get a Full Settlement Amount
Calculating the value of your claim can be challenging. Without regular experience in injury claims, it’s hard to know what you can recover or where to find this information. Complicating matters, medical bills may arrive late and could be overlooked in your claim, leaving you to cover these costs.
Compensation for pain and suffering, which covers the discomfort caused by your fall, is also tricky to quantify, as both insurance companies and restaurants often resist acknowledging these costs.
Lost wages from missed work due to injuries should be included in your claim but are frequently underestimated or ignored without legal assistance.
Expenses like bandages, pain medication, and physical therapy are compensable and must be factored into your settlement.
An experienced injury lawyer can accurately determine what can be claimed and the amount you’re entitled to for these and other legitimate expenses.
If you were injured from a slip and fall in a restaurant, it might very well be because of neglect.
Frequently Asked Questions About Restaurant Injury Claims
If you’ve been injured in a slip and fall accident, we understand that you may have numerous questions. Here are some popular questions we have received about restaurant slip and fall accidents:
If a customer is responsible for the spill that leads to a slip and fall, can a claim still be filed against the restaurant?
If a customer causes the spill which results in the slip and fall it is possible that there may be a viable claim against the restaurant if the injured party can prove that the restaurant was aware of the spill and that the spill remained on the floor for enough time for the restaurant’s employees to have discovered the spill and cleaned it up. Also, the injured party must be able to prove that they had no knowledge of the spill before the slip and fall.
If a customer caused the spill immediately before the accident, is the restaurant off the hook?
If a customer caused the spill immediately before the slip and fall, the case may be more challenging. The restaurant may have a defense that it was not aware of the condition. How long the spill was there or whether it happened near or in the presence of an employee or the owner may be an important fact.
Who pays for the slip and fall accident if it happened at a restaurant?
If the slip and fall happened at a restaurant and the required elements to prevail on such a claim under Georgia law are met, ultimately it is the restaurant and its owner’s responsibility. Often restaurants are insured for such incidents and injuries under their general liability insurance policy, meaning that the restaurant’s liability insurance carrier will pay the claim.
Is it possible to have a trip and fall accident claim from a restaurant?
Yes, it is possible to have a trip and fall accident claim from a fall at a restaurant if the facts show that a restaurant created or maintained a tripping hazard, such as leaving cleaning equipment on the floor where it was unexpected and difficult to see, or failed to maintain its entrance, sidewalks or parking lot.
