When you go out to eat or meet up with friends for a drink at a bar in New York City, you don’t expect to slip and get hurt. While they may not be incredibly common, these accidents happen and can cause serious injuries. You could slip on spilled food or drinks, uneven flooring, or an icy sidewalk outside, leaving you to question your legal options moving forward.
Liability for slips and falls in NYC restaurants and bars can be somewhat complex, depending on the accident details. Below, our slip-and-fall accident lawyers in New York from Elliot Ifraimoff & Associates, PC, will go over the basics to help you understand your rights. For more information, consider consulting an attorney.
Restaurants and Bars Can Be More Dangerous Than You May Realize
In 2023, over 8 million people visited emergency rooms and were treated for injuries from falls. Of course, many of these falls happened at home and at work rather than while dining or over cocktails.
An estimate from the National Floor Safety Institute states that each year, over 3 million employees in the food service industry and 1 million guests suffer slip-and-fall injuries, often due to hazardous flooring.
For example, oily residue on the floor can make it quite slippery, causing a guest to fall unexpectedly. Beyond this, unsafe flooring can appear in many ways across restaurants and bars, such as:
- Icy walkways leading up to the door
- Wet flooring
- Cracked tiles
- Uneven floor mats
- Freshly waxed tiles
Restaurants and bars are often dimly lit, making it hard to see something as simple as a wrinkle in an entryway mat. These seemingly minor problems can quickly lead to severe injury for guests.
Even a “wet floor” sign can be a cause for concern. The NFSI states that 65% of the time that a “wet floor” sign is used, the floor is not wet, as property owners often overuse them to protect themselves from liability. This can cause guests to overlook these cautionary warnings, even when the surface is hazardous, leading to injury.
Understanding Liability for Slip-and-Fall Accidents in NYC Restaurants and Bars
Under New York slip-and-fall laws, property owners and businesses generally have a duty to maintain reasonably safe conditions for customers and visitors. In the context of restaurant and bar accident liability in NYC, To establish liability, an injured person generally must prove that the defendant either created the dangerous condition or had actual or constructive notice of it and failed to remedy it within a reasonable time
New York’s comparative negligence rules can also affect a claim. For example, if an injured person was distracted or impaired at the time of the fall, they could be held partially responsible. In some situations involving alcohol service, New York’s Dram Shop Act may also become relevant, particularly if allegations involve overservice to an intoxicated patron or other impaired guests.
Because these cases can involve multiple parties, individuals injured in a restaurant or bar fall may benefit from seeking legal guidance about their potential options.
Proving Negligence in Restaurant Slip-and-Fall Cases
Proving liability after a slip and fall in an NYC restaurant or bar often involves showing that a dangerous condition existed and that the business failed to take reasonable steps to address it. Mere proof that an accident occurred is not sufficient to establish negligence. This may include demonstrating that the establishment created the hazard or that they knew about it and should have discovered it through ordinary inspections and maintenance.
Evidence can play an important role in these claims. Things like surveillance footage, incident reports, photographs, witness statements, and maintenance records can help establish important details, such as timing. The timeline can be especially important when determining how long a spill or unsafe condition was present before the accident occurred.
The Compensation Options Available
Individuals injured in restaurant or bar falls may have several potential avenues for compensation, depending on the facts of the case. Compensation for slip-and-fall injuries in NYC bars can sometimes cover medical expenses, lost income, rehabilitation costs, and other damages connected to the injury. In cases involving more serious harm, claims may also address long-term treatment needs or reduced earning capacity.
The amount and type of compensation available often depend on factors such as liability, the severity of the injuries, and whether comparative negligence applies. Under New York law, comparative negligence reduces your settlement award by the percentage amount you’re found liable (if applicable).
Meet With a Personal Injury Lawyer in New York To Discuss Your Case
Liability for slips and falls in NYC restaurants and bars can be confusing. If you’re considering hiring a slip-and-fall lawyer, check out our helpful guide for more information. You may also call Elliot Ifraimoff & Associates, PC, at (718) 205-1010 to schedule a consultation.
FAQs
If you still have questions about slip-and-fall injury claims in New York restaurants or bars, find answers below.
Should I Hire a Slip-and-Fall Attorney?
Whether you should hire an attorney for your slip-and-fall accident ultimately depends on the unique circumstances surrounding your case. An attorney can represent your rights, help with gathering evidence, negotiate with insurers, and explore various legal avenues on your behalf, depending on the case’s strength.
What Should I Do if I Fall and Get Hurt in a Restaurant?
If you fall and suffer injuries in a restaurant, seek medical help right away. Take photos or videos of the accident scene, including any hazards that caused your fall. Request an official report from the property owner and contact details from anyone who witnessed your fall.
Who Is Liable if I Fall and Suffer an Injury at a Bar?
Liability for slips and falls in NYC restaurants and bars depends on a few factors, such as the cause of your fall and the person or parties responsible for maintaining the safety of the premises. In some cases, you may share liability if you contributed to the fall by being intoxicated. Other guests may also share responsibility under the Dram Shop Act if their negligent behaviors caused your injury.
This article is provided for informational and educational purposes only and does not constitute legal advice.