SLIP AND FALL I PREMISE LIABILITY – Restaurant Fall – Liquid Spill
November 21, 2019
Landowners and occupiers such as restaurant owners have an obligation maintain their premise in a reasonable safe condition. Specifically, restaurants have an obligation to warn customers of any dangerous conditions that exist at their store such as a liquid spill. The intention behind this duty is to prevent falls at restaurants and preserve customer safety. Restaurant negligence is found when the restaurant fails to erect any signage or warnings and/or take reasonable precautionary or remedial measures to obviate a hazard, such as a liquid spill.
Controlling precedent requires that the landowner or occupier of the premises must act as a reasonable man in maintaining his property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury and the burden of avoiding risk. (Please see Restatement of Torts (Second Sec 283); Rowland v. Christian, 69 Cal. 2d 108, 70 Cal. Rptr. 97, 443 P.2d 561 (1968)) “Premises liability is a form of negligence based on the holding in Rowland v. Christian, supra, 69 Cal.2d 108, and is described as follows: The owner of premises is under a duty to exercise ordinary care in the management of such premises in order to avoid exposing persons to an unreasonable risk of harm. A failure to fulfill this duty is negligence.” (Brooks v. Eugene Burger Management Corp. (1989) 215 Cal.App.3d 1611, 1619 [264 Cal.Rptr. 756].)” – CACI 1000. PREMISES LIABILITY – Essential Factual Elements
When a private entity, such as a restaurant, fails to take reasonable precautionary or remedial measures to obviate a hazard, such as a liquid spill and there is a resulting restaurant fall, the restaurant can be held liable for the personal injuries sustained on their premise.
Personal injuries sustained by poorly maintained restaurants and premises fall under negligent torts. Recoverable compensatory damages in a personal injury claim for restaurant negligence is linked here:https://dianalegal.com/personal-injury-damages-compensatory-damages-for-personal-injuries/ and a blog specifically addressing “What are Compensatory Damages” can be found here: https://dianalegal.com/personal-injury-personal-injury-damages-compensatory-damages/
If you have any questions about your personal injury case, restaurant negligence or a restaurant fall in general, we invite you to call us today at 619-432-5145 for a free consultation with one of our experienced San Diego public entity liability attorneys or California slip and fall lawyers.