Chicago Restaurant Accident Lawyer
If you suffered injuries in a restaurant accident, you’re not alone. Over one million guests and three million food service workers get hurt in restaurants every year. Food and beverage spills, hot substances or serving dishes, and contaminated food cause the majority of these injuries. If hazards in restaurants are not addressed, the restaurant owner or operator of the restaurant may be liable for any resulting injuries.
Our experienced Chicago restaurant accident lawyers at Ankin Law assist clients with all types of personal injury claims involving accidents in restaurants, including slip and falls, burns, food poisoning, and more.
When you choose Ankin Law to handle your restaurant accident case, you benefit from:
- FREE case consultations
- Over 100 years of combined experience
- 24/7 assistance
Contact our Chicago restaurant accident lawyers at (312) 600-0000 to get started with your recovery.
Table of Contents
When Can I Sue for Restaurant Accident Injuries?
You can sue for restaurant accident injuries if the establishment’s negligence or intentional misconduct contributed to the unsafe conditions that caused you to get hurt. To succeed in your claim, you must prove the restaurant owed you a duty of care, breached that duty, and caused your injury.
Most restaurant injury claims fall under premises liability. You can sue if your injury is caused by hazards the restaurant failed to address, such as wet floors without warning signs, broken furniture, uneven flooring, or poor lighting. For example, if you slip and fall in a restaurant because of a spill that employees failed to clean or mark properly, the restaurant may be liable.
If you suffer food poisoning or an allergic reaction due to improper food handling, contamination, or failure to disclose allergens, you may have a claim. If you are injured due to a fight, assault, or other criminal activity on the premises, you may sue if the restaurant failed to provide adequate security or address known risks, such as insufficient lighting or overcrowding.
Injuries caused by collapsing chairs, falling objects, or other structural issues may also be grounds for a lawsuit. Restaurants are responsible for maintaining their facilities and ensuring all equipment is in safe working order.
Food Poisoning
When contaminated food is consumed, food poisoning can result. If a restaurant’s negligence or intentional wrongdoing in handling, preparing or storing the food in question causes a patron’s illness, he or she may be able to recover for any food poisoning injuries. Proving that an illness was the result of exposure to a particular food can be challenging so it is important to retain a skilled personal injury attorney. The knowledgeable Chicago food poisoning attorney at Ankin Law are well-versed in challenges and legal complexities of pursuing a food poisoning claim, including those food poisoning claims brought against a restaurant owner or operator.
Burn Injuries
Restaurants frequently serve hot beverages, such as coffee and tea, that can cause burn injuries if the beverage was spilled on a customer while at an extreme temperature. Burn injuries can result in serious injuries and an intense recovery process.
Injured Restaurant Employees
If the victim of a restaurant injury or accident is an employee of the restaurant, he or she is likely entitled to workers’ compensation benefits. Workers’ compensation is an employer-funded, state-run insurance program whereby employees that are injured on the job can recover compensation for medical bills and lost pay. Injured employees are generally entitled to receive workers’ compensation benefits regardless of who was at fault for the injury-causing accident. At Ankin Law, our knowledgeable Illinois workers’ compensation legal team focuses on representing injured employees in workers’ compensation claims and we can guide you through the entire workers’ compensation process.
Free Consultation
Whether you are a restaurant patron or employee that has been injured in a restaurant accident, do not hesitate to contact the skilled Chicago personal injury and workers’ compensation law firm of Ankin Law to schedule a free consultation to discuss a possible legal claim for your restaurant injury.
Did a negligent restaurant cause your injuries? Call a restaurant accident lawyer at Ankin Law to recover compensation. (312) 600-0000
What Obligations Do Restaurants Have to Keep Patrons Safe?
In Illinois, restaurants have a legal obligation to maintain a safe environment for patrons under premises liability laws. This duty requires restaurant owners and operators to exercise reasonable care in identifying, addressing, and preventing hazards that could cause harm to guests. Failure to meet these obligations can result in liability for injuries sustained on the premises.
Maintaining Safe Premises
Restaurant owners must ensure the property is free from unsafe conditions. This includes promptly cleaning spills, repairing damaged flooring, and keeping walkways clear of obstacles. Proper lighting must be provided to ensure patrons can navigate the premises safely, especially in parking lots or dimly lit dining areas.
Providing Adequate Security
Bars and restaurants serving alcohol are often required to implement security measures to prevent altercations or assaults. This may involve hiring trained security staff, installing surveillance cameras, and controlling overcrowding. Establishments in high-risk areas may have heightened responsibilities to protect patrons from foreseeable criminal activities.
Safe Food and Beverage Handling
Restaurants are obligated to adhere to health and safety codes, including proper food storage, preparation, and service. This minimizes risks of foodborne illnesses or allergic reactions. Servers must also follow alcohol service laws to avoid over-serving patrons, which could lead to accidents or injuries.
Proper Emergency Protocols
Restaurants must have clear emergency plans, including maintaining accessible exits, fire suppression systems, and first-aid kits. Staff should be trained to handle medical emergencies and evacuations effectively.
Inspecting and Maintaining Equipment
Furniture, fixtures, and equipment must be regularly inspected for damage. Chairs, tables, and kitchen equipment should be safe for use to prevent injuries caused by collapses or malfunctions.
When restaurants fail to meet these obligations, injured patrons may have legal grounds to pursue compensation for medical bills, lost wages, and other damages.
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Injured by a medical provider? Check out our medical malpractice knowledge center to learn more about medical malpractice cases.
Frequently Asked Questions About Restaurant Accident Claims
Who Is Liable for Injuries at a Restaurant?
Liability for injuries at a restaurant typically falls on the restaurant owner or operator, as they are responsible for maintaining a safe environment for patrons. Under premises liability laws, they must address hazards such as wet floors, broken furniture, poor lighting, or unsafe walkways. If these hazards are neglected and cause an injury, the restaurant may be held liable.
In some cases, liability may extend to third parties. Additionally, individual employees may share liability if their negligent or intentional actions, such as improper food handling or physical misconduct, contribute to the injury. Proving liability requires demonstrating negligence, a breach of duty, and a direct link between the hazard and the injury.
How Do I Prove a Lawsuit Against a Restaurant?
To prove a lawsuit against a restaurant, you must establish negligence by demonstrating four key elements. First, you need to show that the restaurant owed you a duty of care, which requires maintaining a safe environment for patrons under premises liability laws. Next, you must prove that the restaurant breached this duty, such as by failing to clean spills, repair hazards, or adequately train staff. Third, you must establish causation by linking the restaurant’s negligence directly to your injury, like slipping on an unmarked wet floor or being hurt by defective furniture. Finally, you need to provide evidence of damages, including medical bills, lost wages, and pain and suffering. Supporting evidence, such as photos, incident reports, witness statements, and medical records, is crucial. Consulting a restaurant injury attorney can strengthen your case and ensure proper legal representation.
How Long Do I Have to Sue for Restaurant Accident Injuries?
In Illinois, the statute of limitations for suing over restaurant accident injuries is typically two years from the date of the injury. This time frame applies to personal injury claims, including those caused by negligence, such as slip and fall accidents or food-related illnesses. If the injured party is a minor, the statute of limitations may extend until two years after their 18th birthday.
If the claim involves a government-owned restaurant or facility, shorter deadlines and special procedures may apply, such as filing a formal notice of claim within one year. Filing within the statute of limitations is critical; missing the deadline generally results in losing the right to seek compensation. Consulting an attorney promptly ensures compliance with these time limits and protects your legal rights.
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