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More than 1 million restaurant guests each year suffer an injury in a fall. According to the National Restaurant Association, falls are the leading source of general liability insurance claims within the restaurant industry.

The Consumer Product Safety Commission reports that floors and flooring materials are a factor in more than 2 million fall injuries each year. A restaurant that fails to maintain its carpeting in a safe condition could be liable for injuries that result from a fall caused by the carpeting.

Proving Restaurant Negligence

A restaurant may be found liable for a fall injury if one of the following is shown to be true:

  • The restaurant owner or an employee caused the loose carpeting.
  • The restaurant owner or an employee knew about the loose carpeting but failed to fix it.
  • The restaurant owner or an employee should have known about the loose carpeting and fixed it.

Proving that a restaurant owner or employee should have known about and repaired the loose carpeting comes down to a determination of what is reasonable under the circumstances. You might argue, for example, that a reasonably diligent owner or employee would have found the defect.

This depends on how long the carpet defect existed, among other factors. If the loose carpeting was caused by the delivery of new equipment early on a Monday morning, and the slip and fall occurred during breakfast service that same morning, it may not be “reasonable” to assume that anyone should have noticed the hazard. But if several days passed between the time of the delivery and the accident, it is quite reasonable that somebody should have noticed the hazard.

Discuss Your Accident For Free With A Lawyer

Restaurants owe a duty to customers to protect them from falling, including the duty to regularly inspect the premises for dangerous conditions such as loose carpeting or other defective floor surfaces. A failure to meet this duty may result in a successful lawsuit against the restaurant.

At David Resnick & Associates, P.C., in New York City, our lawyers have a strong record of success in slip and fall cases. Learn how we can help you successfully resolve your case. Call or contact us online now for a free claim review and advice about your legal rights.

Sources:

  • ISSA (The Worldwide Cleaning Industry Association):
    • Controlling Slips & Falls in Restaurants
    • Slips & Falls: An Evaluation of Causes and Prevention
  • National Floor Safety Institute (NSFI): Quick Facts