Many of us love a night out on the town. A nice meal at a new restaurant or a drink at your favourite bar are a great way to enjoy yourself. As with any activity, these chances to unwind have some risk involved, however small. A simple fall at a restaurant or bar can happen in an instant and have lengthy and costly consequences.
Between physical recovery, lost income, and medical or rehabilitation expenses, it’s easy to feel overwhelmed following a fall. You may be inclined to blame yourself after slipping and falling in a public place, but the truth is that businesses in BC have a legal duty to keep their premises reasonably safe under the Occupiers’ Liability Act. When that duty is neglected and someone gets hurt, the injured individual may have grounds to pursue compensation.
I Fell at a Restaurant. What Should I Do?
After a restaurant slip and fall, there are a series of steps you need to take for the best chance of getting the compensation you’re owed for damages.
Seek Medical Attention
Common slip and fall injuries can have dire consequences if not treated quickly. If you are injured, even if you think only mildly so, see a doctor immediately or have emergency services transport you directly to the hospital. Some injuries lead to chronic pain or limited mobility later on, so it’s important to get medical documentation as soon as possible following the event.
Speak to Someone in Charge
It is important to inform someone associated with the bar or restaurant of the incident. Communicating with a manager, owner, or operator can help establish a record of doing so and possibly prevent another slip and fall accident. Have the person in charge fill out an accident report. The report should include a basic overview of what happened, where you fell, and any items or conditions that may have contributed to the fall, such as a wet floor, an unsecured electrical cord, or damaged flooring. Be sure to get a copy of the accident report for your own records. Take a picture of the document if the person in charge refuses to issue you a copy.
Do Not Place or Accept Blame
While speaking to an authority figure at the establishment, avoid taking or accepting blame for the fall. Do not report that you are feeling okay or are not hurt if it isn’t true. If it is clear that you are injured, do not discuss your injuries in detail or share an opinion on the events that led to the fall, including any role you may have had in it. Limit your exchange with the individual to the information necessary for the accident report.
Document the Scene and Your Injuries
If you decide to pursue your slip and fall case and possibly take it to court, you’ll want to have a clear timeline of events. If possible, take pictures of the area where the slip and fall occurred, the surrounding environment, and any conditions that contributed to the accident. If surveillance cameras capture footage of the incident, you or your lawyer can make an effort to obtain it.
Speak to Witnesses
The good news is that bars and restaurants are usually packed with witnesses. The bad news is that all the activity going on can obscure their view of what happened. You’ll want to talk to as many people who saw the accident happen as possible to get a full account of what occurred. Try to speak to at least one person who saw you get hurt. Don’t be afraid to ask them about the circumstances surrounding the incident, including what happened prior to or directly after your slip and fall. Ask individuals for their contact information so you or your lawyer can get in touch with them later.
Common Causes of a Slip and Fall in a Bar or Restaurant
- Spilled food or drinks on the floor
- Wet floors between tables or in the bathroom
- Uneven sidewalks outside the restaurant or bar
- Poorly maintained entrances or parking lots
- Rain or ice on the sidewalks or entryways
- Poorly placed floor displays
- Stray electrical cords
- Damaged flooring
- Uneven carpeting
- Poor lighting
The Role of Alcohol in Slip and Fall Accidents
In restaurants and bars that serve alcohol, it’s not uncommon for injuries to involve some level of intoxication. If a customer is impaired when they fall, that doesn’t automatically mean the business is off the hook. The establishment may still be held liable if a hazardous condition also contributed to the fall.
In some cases, a business could also be held responsible for overserving alcohol. It is technically illegal to continue serving alcohol to someone who is visibly intoxicated. If a customer shows obvious signs of impairment and continues to be served, the bar or restaurant could be considered negligent in this regard as well if that person goes on to injure themself or someone else.
How Contributory Negligence Affects Slip and Fall Cases
Not every slip and fall accident is entirely the fault of the restaurant or bar. In some cases, the injured person’s own actions may have contributed to the incident. This is known as contributory negligence. When this applies, it doesn’t necessarily prevent someone from making a claim. Instead, it just means any compensation awarded may be reduced to reflect their share of the responsibility. Let’s examine a couple of examples.
Scenario #1
In the first, say a customer has been drinking at a bar over the course of the evening. They aren’t exhibiting obvious signs of intoxication, but they likely have some level of impairment. As they walk toward the washroom, they slip on a wet spot near the bar. Staff placed the appropriate “wet floor” sign nearby during a rush to give customers a warning until there was time to fully address the issue.
In this scenario, liability might be shared between both parties. The establishment took some steps to warn patrons, which could weigh in its favour. However, if the spill remained unattended for an unreasonable amount of time, the bar may still be found partially responsible. At the same time, the customer’s likely impairment and failure to take extra caution around a marked hazard could reduce the amount of compensation they’re entitled to.
Scenario #2
A customer who hasn’t been drinking is walking through a restaurant while checking their phone. As they cross the dining area, they trip on a section of uneven flooring that hasn’t been repaired or marked. The hazard has been reported by staff in the past, but management hasn’t taken steps to fix it or warn customers.
This time, the restaurant is likely to bear the brunt of the responsibility. Businesses have a legal duty to ensure their property is reasonably safe. Failing to address a known tripping hazard creates dangerous premises and likely would be viewed as negligent. However, the customer’s distraction could still factor into the outcome. Looking at a phone while walking may be seen as a lack of reasonable care, which could reduce the amount of compensation they receive. The degree to which each party is responsible would be assessed based on the specific facts of the case.
When to Contact a Lawyer
If you’re wondering what to do when you get injured at a restaurant, you’re not alone. Along with seeking medical care and documenting the incident, it’s important to speak with a lawyer as soon as possible. In BC, you only have two years from the date of the accident to file a personal injury claim. Waiting too long could mean losing your right to pursue compensation. Stephens & Holman is here to help review your case, gather evidence, file claims, and fight for fair compensation. Call today to learn more or to schedule your free consultation.