(275+)Philadelphia has one of the best restaurant scenes in the entire country. Unfortunately, a night out to eat does not always end well. Accidents happen. This raises an important question: Can you sue a restaurant in Philadelphia for a slip and fall? The answer is “yes.” These are premises liability claims in Pennsylvania. A restaurant can be held liable for a slip and fall if its negligence contributed to the accident. Here, our Philadelphia slip and fall accident attorney provides a guide to holding a restaurant legally liable in Pennsylvania.
Steps to Take After a Slip and Fall in a Restaurant
Were you hurt in a slip and fall accident at a restaurant in Philadelphia or elsewhere in Pennsylvania? You must take a proactive approach to protect yourself, your health, and your legal rights. Here are five important steps to take after a restaurant fall accident:
1. Seek Immediate Medical Care: Your health comes first. Even if injuries seem minor, get evaluated right away. Many fall-related injuries, such as concussions or soft tissue damage, worsen over time. Prompt medical attention is a must.
2. Report the Accident to the Restaurant: You should notify the manager or property owner as soon as possible and ensure the accident is documented in an incident report. If you are medically capable, you should ask for a copy before leaving. Otherwise, get it right away.
3. Take Photographs and Gather Evidence: If you are able, take clear photos of the scene, including the exact area where you fell, any hazards (spills, uneven flooring, debris), and lighting conditions. Eyewitness statements and time-stamped images can establish liability.
4. Avoid Signing Anything or Making Statements: Do not sign any paperwork or provide recorded statements to restaurant staff or insurance representatives without legal advice. Even casual remarks can be misinterpreted and used against you in your legal claim.
5. Speak to a Philadelphia Slip and Fall Attorney: Restaurants, property owners, and their insurers often act quickly to minimize liability. You need a top-rated Philadelphia slip and fall accident lawyer on your side right away after a bad accident.
Your Guide to Slip and Fall Restaurant Lawsuits in Pennsylvania
Slip and fall claims in restaurants fall under Pennsylvania’s premises liability law. The law is governed primarily by Restatement (Second) of Torts Section 343. That has been adopted by Pennsylvania courts. Businesses and property owners owe a duty of care to invitees (such as restaurant patrons) to maintain reasonably safe conditions. To hold a restaurant in Philadelphia legally liable for a slip and fall accident, an injured victim must prove:
- A Dangerous Condition Existed: A restaurant in Philadelphia is not automatically liable for a slip and fall accident on its premises. As a starting point, an injured victim must prove that a dangerous condition existed, such as a spill, uneven flooring, or other hazard.
- The Restaurant Knew or Should Have Known About It: Liability arises when management or staff failed to notice or correct the hazard in a reasonable time. This element is key to proving that the restaurant was negligent.
- Negligence Led to Injury: The restaurant’s failure to act reasonably caused the accident and resulting injuries. Without causation, you cannot bring a successful slip and fall accident claim against a restaurant in Philadelphia.
Note: Pennsylvania follows the modified comparative negligence rule (42 Pa. C.S. § 7102). An injured person can recover damages even if partially at fault for their slip and fall accident, so long as they are less than 51 percent responsible.
Can You Sue a Restaurant?
Yes. Restaurants in Philadelphia are treated similarly to other types of businesses under the law. Under Pennsylvania law, you can bring a personal injury claim against a restaurant if its negligence contributed to your slip and fall. The claim may be filed against the restaurant owner, property management company, or maintenance contractor, depending on who was responsible for upkeep.
Be Proactive: You must act within the two-year statute of limitations set by 42 Pa. C.S. § 5524(2). Waiting longer almost always bars recovery, regardless of the claim’s merit.
Recovering Slip and Fall Accident Compensation
In Pennsylvania, injured victims have the right to seek compensation for the full value of their damages, including for non-economic losses. How much can you recover in a slip and fall accident claim against a restaurant? The answer will depend on a wide array of case-specific factors, including things like liability, damages, and insurance coverage. Our Philadelphia slip and fall accident lawyers can help you seek financial compensation for:
- Emergency room care;
- Hospital bills and other medical costs;
- Physical therapy and rehabilitative treatment;
- Loss of wages and loss of earning power;
- Pain and suffering and mental distress;
- Disability or disfigurement; and
- The wrongful death of a family member.
How Our Philadelphia Slip and Fall Accident Lawyer Can Help
Hurt in a slip and fall accident at a restaurant? It is normal to have a ton of questions about your rights, your options, and exactly what you need to do next in your case. At Gibbons & Crichton, we are a boutique law firm that puts victims and families first. Our case results and client testimonials tell the story of what we can do in premises liability claims, including slip and falls.
Our law office is conveniently located on Market Street in the heart of Philadelphia. We know the Pennsylvania law on premises liability and the city’s restaurant industry (and the insurance companies that represent them) very well. If you were hurt in a slip and fall at a restaurant, our Philadelphia slip and fall accident lawyers are ready to review your case during a free consultation.
Contact Our Philadelphia Slip and Fall Accident Attorney for a Free Case Review
At Gibbons & Crichton, our Philadelphia premises liability attorney fights for justice in slip and fall accident claims. If you or your loved one was hurt in a serious slip and fall accident at a restaurant, we can help. Contact us right away for a free, no-obligation case review. Our firm is located in Philadelphia, and we handle slip and fall accident cases all across the region, including in 19104, 19144, 19145, 19131, 19139, 19146, 19147, 19115, 19136, 19128, and 19135.
