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When Is a Restaurant Liable for Injuries or Illnesses?

Written by Ankin Law Office

Every day restaurant customers and employees are injured in restaurant accidents. Injuries happen in restaurants for a number of reasons, including:

  • Hazards, such as food or drink spills, on the floor
  • Poor lighting
  • Lack of or broken railings on stairways
  • Failure to maintain the premises
  • Burns by hot food or drink
  • Food poisoning
  • Sharp kitchen tools and utensils

Personal Injury Damages for Injured Patrons or Guests

Depending on the circumstances of the accident, a restaurant customer may be entitled to compensation for medical bills, lost wages, pain and suffering, and other personal injury damages. Some of the most common restaurant accidents and injuries for customers include slip and fall accidents and burn injuries caused by hot food and drinks.

Restaurant owners and operators have an obligation to take reasonable care to avoid hazardous situations and to warn others of any potential hazards. The failure to do so can result in premises liability if a restaurant accident or injury occurs. Moreover, if the customer was injured as a result of food poisoning, he or she may have a cause of action against the restaurant and the food manufacturer.

Workers’ Compensation Benefits for Injured Restaurant Employees

Restaurant employees – such as waiters, waitresses, bartenders, delivery drivers, and cooks – are generally entitled to workers’ compensation benefits for any work-related injuries or illnesses regardless of whether the restaurant was responsible for the accident or not. Worker’s compensation is a state-mandated insurance program that provides compensation to employees who are injured on the job. Each state has its own laws and regulations regarding worker’s compensation, but generally an employee with a work-related illness or injury is entitled to worker’s compensation benefits regardless of who was at fault. In Illinois, employers are required to carry worker’s compensation insurance for their employees.  While most employers purchase worker’s compensation coverage from an insurance company, some employers obtain the state’s approval to self-insure.

Although injured workers are not allowed to sue the employer, depending on the circumstances of the accident, an injured restaurant worker may be entitled to personal injury damages in a third-party cause of action. For instance, if a restaurant delivery driver is injured in an auto accident, he or she may be entitled to workers’ compensation benefits, as well as personal injury damages from the negligent motorist.

Contact an Experienced Restaurant Accident Lawyer

Restaurant owners owe their customers and employees a level of care just like any other property owner. There are several situations that create a hazardous situation in a restaurant, such as food and beverage spills and contaminated food. The Chicago personal injury attorneys at Ankin Law Offices, LLC handle all types of personal injury cases resulting from a restaurant accident or injury.

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 Offices at (312) 600-0000 to schedule a free consultation to discuss a possible legal claim for your restaurant injury.

Categories: Personal Injury