How to Sue a Restaurant for Negligence After Your Injury

Posted on Monday, April 1st, 2024 at 9:00 am    

How to sue a restaurant for negligence after your injury

There are various ways you could suffer an injury at a Georgia restaurant. Sometimes, restaurant guests’ injuries result from ownership’s actions or carelessness. If you sustained an injury at a restaurant, you may wonder how to sue a restaurant for negligence. An experienced Georgia premises liability attorney can guide you through the process.

Reasons to Sue a Restaurant in Georgia

Georgia law requires a property owner to exercise “ordinary care” to protect guests. The law doesn’t suggest a property owner can always prevent harm. However, they should take reasonable steps to guard against injuries.

Why sue a restaurant for negligence? Restaurant negligence cases may arise when restaurant owners fail to exercise ordinary care. Be aware that the careless individual who lets a customer sustain harm can be a representative of ownership. An example is when an employee’s carelessness injures a guest.

To better understand restaurant negligence cases, consider the following potential scenarios:

  • You slip and fall and sustain injuries due to an unaddressed spill. Ownership might be liable for their failure to clean up the spill promptly.
  • You step into a pothole or trip on debris in a restaurant’s parking lot. Ownership might be liable if your injury resulted from poor lighting or insufficient parking lot maintenance.
  • You trip on a section of loose, broken, or uneven flooring. Ownership might be liable for their failure to address the hazard, restrict the area around the damaged floor, or provide adequate lighting.

Restaurant injury cases are nuanced. For example, if you’re hurt in a slip and fall accident, you must prove that the owner or an employee should have identified the hazard before your injury. If not enough time has passed between the hazard appearing and your injury, you may not qualify for compensation.

Steps to Take After a Restaurant Injury

Take the following steps immediately after suffering an injury at a Georgia restaurant:

  • Report the incident to a manager, owner, or employee, and have them call 911 if you require immediate medical care.
  • Be careful with what you say. Don’t say you caused the incident. If they ask about your injuries, don’t say you think you’re fine.
  • File an official incident report with the restaurant. Ensure all the information is accurate. Don’t sign any liability waivers or other similar forms.
  • Take pictures of any dangerous conditions that may have caused or contributed to your injuries, such as spills, damaged flooring, broken handrails, poor lighting, etc.
  • Photograph any visible evidence of your injuries.
  • Get the names and contact information of any eyewitnesses.
  • If you don’t require emergency care, visit your doctor right away. Doing so is vital even if you don’t believe your injuries are serious.
  • Contact a Georgia personal injury attorney to review your legal rights and options.

You can file a claim against the restaurant to seek compensation for medical bills, lost income, and other losses resulting from the incident.

Filing a Claim for Georgia Restaurant Injuries

Seeking compensation does not begin with filing a lawsuit. Firstly, you may attempt to file a claim with the restaurant’s insurer. This process involves:

  • Gathering evidence to show the restaurant is liable for your pain and suffering
  • Gathering documentation of your losses
  • Estimating your claim’s potential value
  • Submitting a claim to the insurance company
  • Negotiating with the insurance company for a fair settlement

A Georgia personal injury attorney can help you through the insurance claim process, including handling all negotiations with the insurance company. If the insurance company denies your claim or won’t negotiate fairly, your attorney can file a lawsuit and pursue compensation through the court system.

How Long Do You Have to File a Restaurant Lawsuit in Georgia?

How to sue a restaurant for negligence after your injury

You typically have two years from the date you sustained injuries to file a personal injury lawsuit in Georgia. Don’t delay to sue a restaurant for negligence, as you’ll waive your right to compensation in court if you miss the deadline.

Contact a Georgia Restaurant Injury Lawyer

Showing you got hurt at a restaurant because ownership failed to exercise ordinary care can require gathering substantial evidence. Gathering the necessary evidence is just one of many tasks a Georgia restaurant injury lawyer at Jonathan R. Brockman, P.C. can assist you with. If you were hurt at a Georgia restaurant, we’ll provide aggressive representation and legal action to help you pursue the compensation you deserve. Get started today by contacting us online or calling us at (770) 205-8827 for a free case review. At Jonathan R. Brockman, P.C., our compassionate attorneys are dedicated to helping victims recover and rebuild their lives. We have the knowledge, resources, trial experience, and a proven track record to take your case. Ask us anything related to your case.

Related Posts:

What Happens When You Are Injured in a Store?

What Is Strict Liability & Does It Apply to Premises Liability Injury?

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