When a customer gets injured owing to the restaurant or restaurant worker’s negligent action, the injured person can file a lawsuit in California for damages. Even when the restaurant in the state was not negligent, you may be able to file it against the restaurant if you were injured on the property.
To win your personal injury claim based upon negligence, the elements mentioned below have to be proved.
- The defendant party owed the injured person a duty of care;
- The defendant breached it by means of negligent act or inaction; and
- The negligence of the defendant was a major factor in bringing about harm or death of the victim.
Under the premises liability laws of California, property occupiers and owners owe a duty to visitors and customers to keep it in a safe state. Owners of a restaurant have a duty to keep it in good repair, abide by local and state safety regulations, as well as warn customers of any dangerous conditions.
If a patron customer gets injured due to the unsafe restaurant conditions, then he or she may be able to file the injury lawsuit against its owner. The claimant just has to show the following:
- The defendant party owned, controlled, or occupied the property;
- The party was negligent in the property use or maintenance;
- The plaintiff party was harmed; and,
- The negligence of the defendant was a major factor in bringing about the plaintiff’s harm.
The owner of the restaurant is responsible for keeping its entrance, waiting area, dining room, restrooms, and kitchen in a safe state. The restaurant may be responsible also for the parking lot safety as well as walkways to its entrance.
In the lawsuit, the victim can win back compensatory damages for the injuries and losses of them. They may include – medical bills, lost income, costs of ongoing medical care, lost earning capacity, loss of consortium, compensation for disfigurement or scars, and pain and suffering.
If the injury victim dies, a surviving family member may still be able to file a wrongful death suit. Damages in such claim can comprise funeral and burial expenses, as well as loss of earnings the decedent would have provided.
In California, those who are allowed to sue for damages comprise:
- Domestic partner or spouse
- Surviving children if any
- A person eligible to do so, under the California intestate succession laws
Get in touch with a law office in your area for any further questions concerning restaurant accident lawsuits in California.