There is a reasonable expectation that when someone enters your restaurant or bar property, that they will be safe and free from injury. Therefore, as a restaurant or bar property owner or operator, you are responsible for maintaining a relatively safe environment; this is otherwise known as, “premises liability”. Restaurant and bar property owners may be held liable for accidents and injuries that occur on their premises/property. Types of incidents that may occur in restaurants and bars resulting in premises liability claims can range from slips, trips and falls; food contaminations; faulty or broken furniture, and much more.
Condition of the Restaurant or Bar Establishment and Property:
Customarily, consideration is given to the condition of the restaurant or bar establishment, in addition to the activities of the owner/operator and that of the visitor; and then, a uniform restaurant industry standard of care is applied which requires the exercise of reasonable care for the safety of the visitor (employee, customer, vendor, service provider, etc.).
Restaurant Premises Liability Expert Witness – Howard Cannon can help you determine whether the standard of reasonableness and care required by a restaurant or bar owner/operator towards patrons, employees, vendors, service providers, and all who otherwise enter the premises, has been met. Quite often, this standard of care will involve the rules, regulations, and recommendations of federal, state, and local governing agencies; such as OSHA (Occupational Safety and Health Administration), ADA (Americans with Disabilities Act), and HACCP (Hazard Analysis and Critical Control Points). Howard will examine numerous factors; including, but not limited to, the:
- Circumstances under which the visitor entered the property;
- Use to which the property is put;
- Foreseeability of the accident or injury that occurred;
- Operational policies and procedures;
- Safety training;
- Management oversight; and,
- Reasonableness of the owner/operator’s effort to repair a dangerous condition or warn those who enter the property.
A properly designed, effectively implemented, and continually updated and supervised maintenance program can very likely reduce the chances of premises liability accidents and injuries; such as, continual and ongoing safety training and regularly scheduled premises inspections.
Premises Liability Limitations:
One of the most commonly used limitations on a restaurant or bar owner/operator’s liability is the argument that the injured person was partially at fault for what happened. A visitor has a duty, in most cases, to exercise reasonable care for his or her own safety, as well. The negligence of an injured party may limit or greatly reduce the ability to recover damages in a restaurant or bar premises liability matter.
Call today for a FREE no-obligation initial consultation with Restaurant Expert Witness – Howard Cannon: 800.300.5764