Restaurant Injury Lawyer New York City

Safety Concerns in New York’s Restaurants

New York is home to some of the best and most popular restaurants in the world. The endless range of food and drink options, excellent ambience, and service can create a memorable dining experience for you and your loved ones. Pertaining to this, beneath this inviting atmosphere, there are potential hazards that can turn a delightful outing into a distressing experience. From slippery floors and improperly maintained equipment to inadequate lighting and obstructed pathways, these hazards can contribute to accidents that can result in serious injuries.

Common Types of Restaurant Accidents in New York

Slip and fall accidents resulting from wet and slippery floors, spilled liquids, uneven flooring, loose tiles, or torn carpets
Burn accidents resulting from accidental contact with hot food and beverages or hot surfaces
Accidents caused by falling objects - including items improperly stored on high shelves, loose or poorly secured fixtures, decorations, and signs
Chemical exposure caused by improper handling or storage of cleaning chemicals
Electrical accidents caused by exposed wires or malfunctioning electrical equipment

Accidents caused by falling ceiling tiles, broken handrails, and other building maintenance issues
Apart from this, unsafe and unhygienic cooking and storing practices in restaurants can also lead to several complications. These include:

Allergic reactions caused by lack of proper labeling and communication about allergens in food
Food poisoning and foodborne diseases caused by improperly prepared and stored food and contaminated water

Examples of Restaurant Owner Negligence That Can Lead to Accidents in New York

Failing to establish and enforce a protocol for cleaning up spills and other slip and trip hazards
Not warning customers about potential hazards
Failing to regularly inspect and maintain furniture and fixtures
Failing to properly train staff on the proper handling and serving of hot food and beverages
Failing to train staff on the proper handling and use of cleaning agents and chemicals
Failing to fix exposed wiring and other electrical issues in a timely manner
Failing to train staff on safe food storage, preparation, and cooking practices
Failing to provide information about potential allergens in food items and drinks
Ignoring the need to repair loose tiles, torn carpets, uneven flooring, and other slip and trip hazards

What Does New York Law Say about Restaurant Owners’ Duty to Provide a Safe Environment to Their Patrons?

Under New York law, property owners - including restaurant owners - have a duty to maintain their premises in a reasonably safe condition. This duty of care is part of the broader principles of negligence in New York law. Several court decisions in New York have defined and clarified the responsibilities of property owners. For example:

Basso v. Miller, 40 N.Y.2d 233 (1976): This case established that property owners have a duty to maintain their premises in a reasonably safe condition, considering the foreseeability of injury.

Kush v. City of Buffalo, 59 N.Y.2d 26 (1983): This case reinforced the idea that a property owner’s duty is to take reasonable steps to prevent harm from foreseeable hazards.

Can a Restaurant or Bar Owner Be Held Liable If I Am Assaulted on Their Premises?

Yes, they can be held liable, but only under certain circumstances. Under New York law, restaurant and bar owners have a duty of care to ensure the safety of their patrons. This includes taking reasonable steps to protect patrons from foreseeable criminal acts. In relation to this, this duty is not absolute. The law imposes this duty of care on property owners only under very specific circumstances.

For example, if the restaurant is in an area with a high crime rate or if there have been previous incidents of crime on or near the premises, the owner might be expected to implement additional security measures. Apart from this, if the owner is aware of any specific threats to the safety of patrons, they need to take reasonable security measures to ensure the safety of the patrons. These measures might include:

Hiring security guards
Installing security cameras
Ensuring the premises - particularly the entry and exit points - are well lit
Installing alarm systems and secure locks on doors and windows
Training staff on how to respond to criminal incidents

If the owner fails to take these steps, and if you are assaulted by a thief, robber, or any other criminal element on their premises, you can hold them liable for your injuries.

How Our New York Restaurant Injury Lawyers Will Counter the ‘Open and Obvious’ Defense by the Restaurant Owner to Establish Liability

Property owners in New York often try to use the ‘open and obvious’ defense to avoid liability for accidents that occur on their premises. This defense argues that the hazardous condition that caused the accident was so apparent that any reasonable person would have noticed it and avoided it.
At the Law Offices of Michael S. Lamonsoff, we will find the evidence to challenge the open and obvious defense and hold the restaurant owner accountable. The steps we can take include:

Detailed Evidence Collection

We can gather comprehensive evidence - including photos, videos, and witness statements - to demonstrate that the hazard was not as apparent as the owner claims. For instance, poor lighting, obstructed views, or other distractions might have made the hazard less noticeable.

Examining Reasonable Expectations

We can argue that even if the hazard was visible, it might not have been something a reasonable person would expect to encounter in a restaurant setting. For example, if a step was unusually high or uneven, it could still be considered a hidden danger despite being visible.

Assessing the Owner's Duty

We can emphasize that the restaurant owner has a duty to maintain a safe environment and take reasonable steps to protect customers. This includes fixing known hazards or adequately warning patrons of potential dangers. We can investigate and determine whether the owner failed to uphold this duty and prove their negligence with evidence.

Proving Distractions

We can examine whether there were any distractions that prevented you from noticing the hazard. For example, dim lighting can contribute to a situation where a reasonable person might not notice a danger, even if it is visible.

By carefully building your case and addressing each and every element of the restaurant owner’s defense, we can demonstrate that their negligence played a significant role in your injury and make sure you are adequately compensated for your losses.

Get Legal Representation from Top-Rated Restaurant Injury Premises Liability Lawyers in New York

If you have been injured in a restaurant accident, you need effective legal representation to protect your rights and get the compensation you deserve. At the Law Offices of Michael S. Lamonsoff, we have a long and successful track record of helping personal injury victims get the settlement they deserve. Our NYC personal injury lawyers know the unique challenges associated with restaurant injury claims, and we know how to get restaurant owners and other liable parties to pay the settlement you deserve. Our founder Michael S. Lamonsoff is an award-winning New York premises liability lawyer who has decades of experience in handling a diverse range of premises liability claims.

Michael’s tenacity and his propensity to take the fight to insurance companies have earned him the nickname ‘The Bull’. Under his guidance, our legal team has settled and litigated highly complex claims and has recovered more than $500 million in damages for our clients.

To find out how we can help you, call us today at 212-962-1020 or get in touch with us online to schedule a free consultation with a top-rated New York restaurant injury lawyer at our firm.