Busy restaurants present many potential hazards to patrons if an establishment’s owners, managers and employees fail use proper care. Dropped food, spilled beverages, uneven flooring and subdued lighting all can increase the likelihood of a slip and fall incident. Every eatery should have detailed policies aimed at minimizing the risk to customers, particularly restaurants that belong to large chains serving thousands of diners daily around the nation.
Even giants of the industry can have dangerous safety lapses, as a New Jersey woman learned when she went for a meal at the Outback Steakhouse in Green Brook. When Deborah Nagy was going to the restroom during a dinner with her husband and another couple, she slipped and fell, suffering multiple hip fractures. Ms. Nagy required surgery and spent several days in the hospital, followed by more time in a rehabilitation facility. At her trial, she described some of the immediate and long-term effects of her injury, including the fact that she had to lie on the restaurant floor for a long time and her inability to continue taking care of her grandchildren.
As a result, a jury awarded Ms. Nagy $2.75 million in damages, a decision that was affirmed by the U.S. District Court when Outback sought a new trial for various procedural reasons. In New Jersey, restaurant owners have a legal duty to maintain safe conditions for their customers. This duty falls under the concept of premises liability, which holds property owners accountable for accidents and injuries that occur due to unsafe conditions on their property. There are many specific things that restaurant owners and managers should be doing as a part of their duty to patrons, such as:
- Regular inspections — According to the decision in Ms. Nagy’s case, Outback’s policy called for inspections every 15 minutes to identify and address potential hazards. However, camera footage was inconclusive as to whether this happened.
- Prompt cleanup — When food or liquid falls onto the floor, it should be removed at once. If this is not possible, a restaurant should post clear signage to warn patrons of any temporary dangers, such as wet floors or ongoing maintenance.
- Timely maintenance — Some restaurant hazards aren’t caused by spills or accidents, but ongoing conditions, such as damaged floors or poor lighting.
If you’ve suffered a slip and fall injury hiring the right lawyer might be the difference between a favorable legal result and continued frustration caused by high medical bills and other injury-related costs.
Seigel Law in Ridgewood has collected more than $500 million for New Jersey clients in premises liability claims and other types of personal injury and wrongful death matters. Please call 201-444-4000 or contact us online to set up a free consultation.