Insurance Claims Against Restaurants: What to Know

Insurance Claims Against Restaurants: What to Know

By Pyle Law, Reviewed by E. Thomas Pyle October 14 2022 5:04 pm

While injuries often happen in businesses, slip and falls, burns, and foodborne illnesses rank high among claimants, making restaurants a target of many insurance claims and premises liability lawsuits. Insurance Claims Against Restaurants are something you must know about.

People have the right to make a claim for compensation, especially when injured because of a restaurant’s negligence. This is a challenging process, so you need help from a personal injury lawyer.

When Restaurants Are Liable for Injuries

Restaurants are legally obligated to do everything in their power to safeguard customers. So, if someone gets hurt because of negligence, the eatery has breached or violated this duty of care. This happens when the staff or manager does something recklessly or fails to take precautions.

If a restaurant is deemed liable for damages, it may have to pay a claimant’s medical expenses, lost wages, out-of-pocket expenses, and any costs related to pain and suffering.

Moreover, restaurants are subject to governmental health and safety regulations. If they violate these laws, the authorities may close them down or penalize them by assessing fines and similar charges.

Filing an Insurance Claim

If you recovered from a minor injury at a pub or eatery with only minimal medical treatment and did not miss much work, you may be able to settle a claim with an insurance company, but it’s best to contact a lawyer first.

To calculate what you’re owed, you’ll need to figure out how much you paid in medical bills, out-of-pocket costs, and what you lost in earnings. You also need to determine what you’re owed for pain and suffering.

After all, insurance companies are in the business of making money, so they may not be too forthcoming in paying a larger settlement.

Also, you may need more money to cover your expenses. Therefore, it’s best to contact an attorney rather than settle alone.

Building a Strong Case for a Personal Injury Claim

While knowing about negligence is one thing, proving it is another matter entirely. You need to show that the restaurant was negligent and prove that the oversight led to your illness or injury.

What You Should Do If You Get Sick or Injured

If you do get injured or sick in a restaurant, you need to take the following steps:

1. Ask for help. Call the manager or a friend or customer over to receive help. If the injury is serious, ask someone to call 911.
2. If you can, ask a witness to write down what they saw and to sign and date the document.
3. Take pictures or videos of the scene for evidence. Record the site of the injury, illness, or accident on your cell phone.
4. Take notes of what happened, and gather the contact information for the manager, the insurance company, and witnesses.
5. Get medical treatment the same day you’re injured or sick. You’ll need the records to support your claim. Ensure you keep copies of your medical records, bills, and receipts.

Common Reasons for Personal Injury and Restaurant Insurance Claims

1. Most people who file restaurant claims do so because they slip and fall.
2. In some cases, hot coffee or foods may lead to third-degree burns.
3. People may also choke on restaurant food, or they may sue for cuts or punctures. This can happen if they’re cut by broken glass or scrape themselves against an exposed screw or nail on a wall.
4. Eating contaminated food is yet another common claim. Germs, such as norovirus, salmonella, staphylococcus aureus, botulism, Escherichia coli, vibrio, and listeria may cause food poisoning.

In fact, more than 48 million people contract food poisoning annually, leading to around 128,000 hospitalizations and 3,000 deaths per year. Contamination may result from improper cooking or may be transmitted by restaurant workers who are ill or do not wash their hands before they begin working.

Contact Pyle Law About Your Restaurant Personal Injury Case Today

If you have become sick or injured in a restaurant due to negligence, you must immediately review your case with an experienced attorney. In Kansas, contact Pyle Law today. Call (620) 241-9000 to schedule a consultation right away.