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Myrtle Beach Legal Blog

Do you know who is liable for restaurant injuries?

Tourists expect to enjoy a good meal at a restaurant, not to sustain an injury. However, accidents can happen if an establishment does not prioritize the safety of its patrons.

After incurring an injury, many customers may assume that the staff members are at fault. FindLaw says that restaurants have to ensure that the premises are safe for patrons. However, this does not always mean that the establishment is responsible for an accident. Staff members have to make every effort to remove potential hazards. The actions of a guest, though, may also determine who is at fault.

What are the relevant factors?

Several elements determine who is liable for an injury. These include the actions taken by both the host and the guest. Restaurant staff members, for example, have to exercise reasonable care. This includes actions such as wiping up spills and setting up wet floor signs. Additionally, servers could warn patrons that a plate is hot. If they exercised reasonable care, the staff may not be responsible when a guest sustains an injury.

Additionally, a patron’s behavior before the accident can determine liability. A guest who has too much to drink may not notice potential hazards, even if a server points them out.

Where do guests encounter hazards?

While people could incur an injury in any part of a restaurant, slips and falls are especially common in a few places. According to EHS Today, patrons should use extra caution when they enter the restrooms. Water may drip on the floor as people walk across the room to dry their hands. Additionally, food and liquids can fall on the floor around a buffet and cause people to slip. Restaurant entrances can also be a hazard during inclement weather. Patrons could slip on puddles from wet boots and umbrellas.

Restaurant staff members may sometimes fail to remove hazards, even after patrons point them out. In this situation, the establishment could be liable for a person’s injuries.