Can You Sue a Restaurant for Falling on Their Property?

Can You Sue a Restaurant for Falling on Their Property?

By:
Stephen M. Smith
Stephen M. Smith
|
Last Updated:
April 28, 2025
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Yellow caution sign on a wet floor inside a building, illustrating a slip and fall in a restaurant.

Most people walk into a restaurant thinking about the menu, not the floor. However, the injury can be serious when torn carpets or spilled drinks cause someone to fall.

So, can you sue a restaurant for falling on their property? In many cases, yes. Restaurants have a duty to keep their premises safe for guests. If they don’t and someone gets hurt, they could be held responsible.

Here’s everything you need to know about restaurant slip and fall claims, including how liability is determined and what to do to protect your rights after a fall.

If you were injured in a restaurant fall, the Smith Law Center is ready to help. Call us at (757) 244-7000 or contact us online to schedule a free case review.

What Causes a Slip and Fall in a Restaurant?

Restaurants are high-traffic environments with fast-moving staff and crowded walkways. That constant activity can create a recipe for unsafe conditions. Falls in restaurants are frequently caused by:

  • Spilled food or drinks. A dropped plate or overturned glass can leave a slick, dangerous surface if not cleaned up quickly.
  • Wet or greasy floors. Recently mopped areas, leaky equipment, or water tracked in from outside can turn walkways into slipping hazards.
  • Damaged or uneven flooring. Cracked tiles, torn carpets, and loose floorboards are easy to overlook but easy to trip over.
  • Poor lighting. Dim or flickering lights can make it hard to see steps, spills, or obstacles.
  • Unsecured rugs or mats. If a mat shifts underfoot or bunches up, it can catch a shoe and cause a fall.

Staff can prevent many of these hazards with basic maintenance and attention. When restaurants overlook those responsibilities, they increase the chance of a guest getting hurt.

Slip and fall injuries are more common than many people realize. According to the National Floor Safety Institute, they’re one of the leading causes of injury in public places—and many are preventable with basic safety measures.

I Fell at a Restaurant. What Should I Do?

If you’ve fallen at a restaurant, your first reaction might be to get up quickly and shake it off. But in that moment, it’s crucial to pause, stay calm, and take note of your surroundings—you may have just experienced a preventable accident.

Steps to Take Immediately

  • Look around. Identify what caused the fall before anything gets cleaned up or moved.
  • Notify someone. Ask to speak with a manager and make sure they officially document the incident.
  • Get medical attention. Even if you feel fine, some injuries take time to surface.
  • Take photos. Document the scene—your shoes, the floor, any spills, lighting, or obstacles.
  • Write down the details. While it’s fresh in your mind, record what happened. If you’re asking yourself, “I fell at a restaurant. What should I do?” this is where to start.

Just as Important: What Not to Do

  • Don’t take the blame. Avoid saying “I’m fine” or apologizing—it could hurt your case later.
  • Don’t give a recorded statement right away. Speak to a slip and fall attorney first.
  • Don’t post on social media. What you share could be misinterpreted or used against you.
  • Don’t sign anything on the spot. You’re not obligated to complete any forms before consulting a lawyer.

You still have options even if you left the scene without photos or notes. Smith Law Center can help determine what evidence remains and whether the restaurant took reasonable steps to prevent the fall. From there, we’ll guide you through your legal options.

Falls happen quickly. Proving fault takes careful work. Even if you didn’t document everything at the scene, you may still have a valid claim. If the restaurant fails to fix or warn you about a dangerous condition, they may be liable for your medical bills, lost income, and other damages. 

Contact Smith Law Center online or at (757) 244-7000 for a free consultation and to determine whether you have a case.

How to Sue a Restaurant for Negligence

To hold a restaurant legally responsible for a fall, you must show it failed to maintain a reasonably safe environment. In legal terms, this means proving negligence—that the restaurant knew or should have known about a danger and didn’t take steps to fix it or warn you.

When exploring how to sue a restaurant for negligence, your attorney will look at key questions:

  • What caused the fall? Spills, poor lighting, or uneven flooring may point to unsafe areas.
  • Did the restaurant know about the risk? This includes known issues or ones staff should have discovered through routine checks.
  • Was there enough time to fix the problem? A hazard left unaddressed may signal negligence.
  • Were any safety measures taken? Things like warning signs, quick cleanups, or timely repairs matter.

Slip and fall claims often hinge on evidence like surveillance footage, incident reports, cleaning logs, and staff statements. Eyewitness accounts and medical records also help link the unsafe condition to your injury.

How Much Money Can You Get from Suing a Restaurant?

Every slip and fall case is different. You won’t receive the same compensation for a bruised knee as you would for an injury that requires surgery or causes lasting mobility problems. The compensation you may receive depends on how the injury impacts your health, ability to work, and day-to-day life.

A slip and fall in a restaurant claim may include damages for:

  • Emergency medical treatment,
  • Ongoing care like physical therapy,
  • Lost income from time off work,
  • Transportation to medical appointments, and
  • Pain and suffering.

The Smith Law Center can help you understand your claim’s value and fight for the full compensation you deserve.

Think the Restaurant Should Have Done More? Let’s Talk.

If you slipped and fell because a restaurant failed to fix a dangerous condition, you might be wondering: can you sue a restaurant for falling on their property?

The answer depends on what the restaurant knew, what it failed to fix, and how the injury has impacted your life. For over 75 years, Smith Law Center has helped clients hold businesses accountable for neglecting safety.

Call (757) 244-7000 or contact us online to schedule your free consultation today.

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