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Filing a Personal Injury Claim Against a Restaurant

Posted by Carmine R. Villani | Mar 20, 2015 | 0 Comments


You hire a sitter, get dressed up and head out to your favorite restaurant expecting good service, delicious food and a relaxing environment. But unfortunately, restaurant experiences in New Jersey are not always pleasurable if the facility is poorly maintained to safely accommodate guests. Accidents can occur and the need for a personal injury claim against a restaurant can follow. A New Jersey personal injury lawyer can make all the difference when you have been injured because of the negligence of a restaurant owner, manager or employee.

Accidents Happen

According to the U.S. Census, today there are more than 500,000 restaurants in the United States and personal injuries to patrons can happen in a variety of ways. According to the Centers for Disease Control and Prevention (CDC), food poisoning is the most frequently reported restaurant injury; slip-and-falls are also a common restaurant injury (occurring more often in a fast food restaurant than in a formal restaurant setting) and both can cause serious harm.
With restaurant food usually being served at 120 to 130 degrees (and sometimes higher), scalding can occur giving third-degree burns to a customer's skin in a matter of seconds. Recently in the news, however; courts ruled that a New Jersey man cannot seek damages from burns he suffered while bowing his head in prayer over a sizzling steak fajita skillet. As shown, the law doesn't hold business responsible for accidents unless the company or its employees failed to meet the legal duty of care; it must be proven that the business was legally at fault.

Restaurant Liability and the Law

A restaurant owner must keep his restaurant in reasonably safe condition for his customers. The owner must warn people of hidden dangers and provide furniture that is safe. However, the owner only needs to make safe the places in his restaurant where people can be expected to go. If the owner is negligent in his duty, they can be liable for damages.
If you or a loved one has been hurt as the result of someone else's negligence, then you may have been a victim of personal injury and may be entitled to compensation. However, it is important that you act quickly and collect evidence to prove your claim. Your evidence must show that the event causing your injury was foreseeable by the restaurant owner, constituted negligence, directly caused your injury and resulted in real damages.

What is the New Jersey Personal Injury Law?

The New Jersey statute of limitations on personal injury cases can be found at New Jersey Code section 2A:14-2. New Jersey's system for injury compensation is structured under tort law, which attempts to rectify a “civil wrong” that caused losses or suffering to another individual. Personal injury torts usually are focused on the harm done due to the negligence of a person, corporation or any other entity.

Hiring a Qualified Attorney

If you have been hurt or injured during a visit to a restaurant and want to assess the viability of your personal injury claim, seek out the advice of our personal injury lawyers at Villani & DeLuca P.C. at 732-709-7757 . Contact us for a free initial consultation today; we serve clients throughout New Jersey, including Ocean County and Monmouth County.

About the Author

Carmine R. Villani

Founding partner, Carmine Villani, Esq. is a former municipal prosecutor with over three decades of experience in Criminal and DWI Defense.


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