Feb 11 2009
National Safety Council statistics establish that more people are injured in America in slip-and-fall situations than in any other accident scenario.
GENERAL RULE: The owner of a restaurant or bar where such injuries occur is not automatically legally responsible for the consequences of a slip and fall on his/her premises. Proof must be adduced by the plaintiff to establish that: (1) a dangerous condition was created or permitted by the defendant to remain for an unreasonably long time; and (2) the defendant had notice of its existence during such time and failed to take reasonable measures to remove it or to prevent the accident. If you have insurance coverage, notify your carrier immediately upon learning of the incident.
As such, the mere occurrence of the injury does not suffice to impute liability to the restaurant owner. Rather, recent cases have alerted plaintiff’s counsel that in order to prevail in their slip and fall cases, they must prove the specific instrumentality causing the fall, the location and causation of the accident, and specifics of the time frame when the hazard was created; it must also be proven that the defendant had actual or constructive notice of its existence (i.e. that they knew or had reason to know of it). Regardless of the difficulty in successfully bringing forth a slip and fall case, restaurant owners are strongly advised to have this contingency covered via careful periodic inspections of the premises and an insurance policy encompassing this type of liability. The increased insurance premium will be nominal compared to the damages that can, and have been, awarded to successful slip and fall plaintiffs.