QUESTION
I was injured in a restaurant, can I hold the restaurant liable?
Asked on Jul 14th, 2013 on Personal Injury - Rhode Island
More details to this question:
I was in a restaurant yesterday when a cabinet door fell on my ankle and heel. I neither touched the door or anything near it. The manager stated that he had told them repeatedly to fix the door and they had not. I am now on my way to receive emergency care because the wound is deeper than it appeared.
12 ANSWERS
Personal Injury Attorney serving Irvine, CA
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Woods Williford Personal Injury Attorneys
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Based on your description of the incident, you should consult with an attorney.
Answered on Jul 16th, 2013 at 10:48 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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The general rule of Michigan premises liability law is that a premises owner/controller has a duty to provide a safe premises to business invitees. This is generally true as to dangerous conditions which the premises has created and/or has notice. The duty does not apply to open and obvious conditions that are observable on casual observation. Your facts would not seem to be open and obvious, and with the prior knowledge of the business, it would seem you would have a case. However, there would likely be a question raised as to whether your incident/injury was foreseeable; and there certainly would be a question as to the nature and extent of your damages and whether the value of your injuries would allow for the cost of any suit (although a pre-suit claim would certainly seem to be viable).
Answered on Jul 16th, 2013 at 6:40 PM
It does sound as though the restaurant is liable. Tell them about your condition and need for treatment.
Answered on Jul 16th, 2013 at 6:37 PM
James Eugene Hasser
Yes and if your injuries are bad enough, you may want to talk with a personal injury lawyer.
Answered on Jul 16th, 2013 at 6:37 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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Based on the facts you have presented, you have an excellent claim against the restaurant.
Answered on Jul 16th, 2013 at 6:36 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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lf you can prove that the manager told you that he had told "them" repeatedly to fix the door, then, liability should be a foregone conclusion. You should inquire as to their surveillance video. If there was a camera that picked up the event and clearly shows how the accident happened, you should expect that the restaurant's insurance company will be anxious to settle your claims. On the other hand, don't be shocked to have them lying about what happened.
Answered on Jul 16th, 2013 at 11:42 AM
Thomas Edward Gates
Yes, you can hold them liable. Since the injury is minor, it does not have a lot of cash value. Make them pay for your medical and compensate you for the pain and suffering.
Answered on Jul 16th, 2013 at 10:51 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, but unless the damage is severe, you won't get much. At a minimum, the restaurant should pay your medical bills and give you a few free meals.
Answered on Jul 16th, 2013 at 10:24 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sure. The statement of the owner is proof that it was not maintained properly
Answered on Jul 16th, 2013 at 9:54 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes! Get in contact with an experienced personal injury lawyer in your area right away. If you get any contact from the restaurant's insurance company, just tell them "call my lawyer" Do not try to handle this yourself. BTW, the manager will deny that he ever said any such thing.
Answered on Jul 16th, 2013 at 8:24 AM
4 Awards
I hope that you were not hurt badly. Yes, you do have a cause of action against the restaurant. They have a duty to use reasonable care in keeping their facility safe for their customers. In this case, it sounds like they had notice of the defective cabinet door, yet allowed a customer to be near it. Contact an Indiana injury vicitm's lawyer to assist you.
Answered on Jul 16th, 2013 at 8:09 AM
Car Accidents Attorney serving Warwick, RI
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Jules J. D'Alessandro Law, Inc.
Yes the restaurant can be held liable under a premises liability theory.
Answered on Jul 16th, 2013 at 8:09 AM