The Liability of a Restaurant Owner When a Patron is Injured on His or Her Property

When a person is injured on the premises of a restaurant, he or she may believe that the restaurant owner is responsible. The consumer then contacts a personal injury lawyer wisconsin only to find that the owner can’t be held liable. When it comes to premises liability, a breach of duty must have been committed on the part of the owner. The breach of duty leads to a failure to protect those on the premises from dangerous conditions and defects. Reasonable care must be taken on the part of the owner to prevent guests from an unreasonable risk of harm. Understanding who is at fault in a case like this is why legal representation is necessary.

When a person is injured on a property, the injuries are rarely in question. What the legal system looks for in this situation is reasonable conduct. The business owner is responsible for doing what he or she can to keep the property safe. If a reasonable attempt has been made to do so, he or she cannot be held liable. If a person slips on ice while entering a restaurant and the owner has put a substance down to prevent this from happening, there is no breach of duty.

A liability investigation will likely take place to determine if the restaurant owner is at fault, if the patron was negligent in some way or if it was a combination of things. Witnesses, if any, will be interviewed and any incident reports that were taken will be examined. Weather reports are taken into account if the weather played a role in the incident and medical records requested along with any police reports. These steps must be taken before a restaurant owner can be deemed liable. In some cases, the results of this investigation will lead to him or her being absolved of all responsibility.

If the restaurant owner is found liable in any way, documentation needs to be gathered to determine the extent of the liability. This may include medical bills, lost wages, evidence of damage and more. At this stage, the legal system looks at whether or not the injured is liable in any way. If so, comparative negligence will play a role. Here both the injured and the restaurant owner will be held partially responsible. This is a very complex situation and one that requires legal advice to ensure all parties are adequately represented. Anyone injured at a restaurant should seek legal advice right away to determine which steps should be taken to resolve the issue.