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Options for defending your restaurant against slip and fall claims

On Behalf of | Mar 8, 2023 | Restaurant and Retail Claims

As a restaurant owner, your risk of property liability claims such as a slip and fall injury can be significant. Restaurant environments are vulnerable to these types of hazards because of the risk of food and drink spills, carpet edges and similar concerns.

When faced with a property liability claim over a slip and fall incident, there are options to defend your business.

A reasonable effort to maintain safety

One key element of slip and fall liability is proving a breach of duty. That indicates that you, as the business owner, knew of the hazard and failed to address it in a reasonable and timely manner. If you can show a reasonable effort to keep your restaurant safe, that may help you contest the claim.

No direct causation

If the situation that led to the slip and fall injury was not a direct result of an action by one of your employees, you might contest the claim on the grounds of insufficient causation. For example, if the hazard resulted from the actions of another customer immediately before the accident, your business is not liable.

No reasonable person could foresee the hazard

In another case, your business could fight the claim on the grounds that no reasonable person could foresee the risk or hazard that led to the injury. If the situation resulted from something completely unpredictable and unexpected, there might be no liability.

Your restaurant’s property liability risks can prove costly if you fail to protect your interests. Understanding how to defend against slip and fall injuries is an important part of that protection.