Every day, thousands of people visit their favorite restaurants in Miami. Unfortunately, many of these people experience an accidental injury while on the restaurant premises. You may wonder who is liable in such a situation and if there is any legal recourse available to you. Fortunately, you may be able to hold the liable parties accountable for your losses and fight for compensation.
The Miami restaurant injury attorney at Prosper Shaked Accident Injury Attorneys PA understands the importance of getting compensation after an accidental injury. That is why we are ready to fight tirelessly and aggressively to obtain the compensation you deserve. To learn more about our services and how we can assist you, call our offices today at (305) 694-2676.
Common Injuries in Miami Restaurants
Nobody expects to get hurt when visiting their favorite restaurant – or any restaurant, for that matter. Unfortunately, thousands of people are injured every year due to accidents in restaurants. Property owners – including restauranteurs – have an obligation to keep their premises safe from potential dangers that may harm their customers. In other words, property owners must ensure a safe environment in all areas of their restaurant, including the parking lot, waiting area, dining area, and other common spaces.
Sadly, not every restaurant owner takes the necessary time to correct safety issues on their property, which often leads to accidental injuries. Slips and falls are common examples of accidents that might happen at a restaurant. Spills and items dropped on the floor can cause a person to slip or trip and fall. While this may not sound like a severe accident, the outcome of a slip and fall can be devastating depending on the extent of the fall, the age of the person, and the part of the body affected. For instance, senior citizens can experience hip, knee, or hand fractures as a consequence of a slip and fall accident. Other people may suffer from severe head trauma or back injuries.
Another cause of injuries at restaurants is assault. There are people who have been assaulted by criminals hiding in poorly lit parking lots. This is an issue that falls directly on the restaurant owner. Part of keeping their premises free from dangers includes keeping their parking lot properly lit to maximize security.
Burn injuries are also common in restaurants. Undertrained, inexperienced, or reckless employees may fail to warn you about an excessively hot plate, or they could spill hot food on you, which can lead to injuries. If you or a loved one suffered an injury in a Miami restaurant, know that the owner may be liable for the negligent actions of their employees.
Establishing Liability for an Injury at a Restaurant in Miami
Restaurant owners are responsible for everything that happens on their property, including most injuries to customers. Under premises liability law, you can likely hold the restaurant liable for any injuries you sustained while on the premises. In many instances, injuries at restaurants are the result of negligence. However, under these circumstances, the plaintiff has the burden of showing that the owner was negligent.
It is possible to obtain compensation for injuries that occurred in a restaurant, but you will need to prove the existence of four basic elements. First, you will need to show that the restaurant owner owed you a duty of care, which refers to the effort a reasonable person would employ under the same circumstances. For example, you may be able to a show duty of care by establishing that the restaurant owner should have kept their parking lot properly lit.
Next, you will need to establish that the restaurant owner breached their duty of care, in this case by failing to light their parking lot. The third element you will need to show in your case is causation; this can be shown by establishing a linking nexus between the failure to keep the premises properly lit and your subsequent injury.
Finally, you will need to show the court that you suffered damages as a consequence of your accident. Medical bills, lost wages, and pain and suffering are common examples of losses you can show with the court. Once you have established liability and the elements of your claim, the court may grant you compensation.
Many people want to know how much compensation they can expect for their injuries. Sadly, there is not a straight answer to this question. Every premises liability case is different, and the outcome of a claim can change on a case by case basis. Ultimately, it is the responsibility of the jury to determine how much your case is worth and how much compensation you can expect to receive.
How Much Time Do I Have to File a Restaurant Injury Claim in Miami?
All Miami residents have a set time period, known as the statute of limitations, in which they can file their claim with the court. This time limit is imposed to prevent perpetuating claims and to encourage a prompt, timely filing of any lawsuit. Premises liability claims in Miami have a statute of limitations of four years from the moment of the accident; if you fail to file your claim within this time, you may lose your chance to obtain compensation.
Miami Restaurant Injury Lawyer Offering Free Consultations
If you or a loved one sustained an injury in a Miami restaurant, we can help. At Prosper Shaked Accident Injury Attorneys PA, we can help you hold the liable parties accountable for your losses. We know how difficult the recovery process can be, which is why we put our knowledge and experience to work for you. Let us fight for your compensation while you dedicate yourself to recovering from your injuries. To learn more about our services and how we can assist you, call our law offices today at (305) 694-2676.