Injured in a Restaurant in Nevada
There are thousands of restaurants in Las Vegas, some of the best restaurants in the country are located on the Strip in some of the more luxury hotels.
But regardless of where the restaurants are with the amount of people that pass through them there are bound to be accidents and injuries regardless of where you choose to eat.
Most people gather at restaurants with their family or friends for a night out, or maybe a business meeting before a convention in Vegas.
Most of us don’t ever think they might be injured in an accident at a Las Vegas restaurant, but it happens more commonly than you might think.
Sometimes it’s just an accident but other times it can be negligence on the part of the restaurant that causes the accident.
Experiences at restaurants should be an enjoyable day out not something that ends up with a hospital visit.
What’s a Restaurant’s Duty to its Customers
Like all businesses restaurants have a duty to its customers to provide a safe environment including parking and exterior areas.
Restaurants must provide a safe environment for all patrons of the establishment and any other people that come in and out of the restaurants including suppliers.
A safe environment means:
- That the restaurant meets all health and safety codes for the county in which the establishment exists. In Las Vegas that is the Clark County Health Department, they perform inspections on all food establishments on a regular basis. All restaurants must maintain a grade of A to avoid fines and even shutdowns.
- Any restaurant that serves alcohol must meet Nevada’s ABC laws. All staff must be trained and receive an alcohol awareness card through a program called TAM. All staff is to serve alcohol responsibly to patrons and to serve drinks using the proper techniques.
- Restaurants must maintain a safe and clean environment and all equipment and furniture must be in good working condition. All broken items must be removed or repaired. All floor areas should be clean and dry to avoid a slip and fall accident.
- All lighting in and around the restaurant must be in working order to maintain safety.
These are the basic safety obligations of any restaurant establishment in Nevada.
If a restaurant fails to provide any of these safety issues they may be violating their duty to their customers and suppliers.
The Richard Harris Law Firm has 40 years of experience dealing with injury victims and restaurants, call us today.
Can I File a Lawsuit Against Nevada Restaurant
The simple answer is yes you can file a claim against a restaurant if you were injured due to their negligence or an accident occurs.
On a few occasions you may not be able to file a claim.
For example, if another patron gets into a fight with you and the restaurant does its due diligence by calling the police and trying to break up the fight than you can file a claim against the other patron.
But in this instance you can’t sue the restaurant since the establishment would have no prior knowledge of how another person would act and did attempt to stop it.
However, if the restaurant did nothing and a fight continued and you were injured you might be able to file a claim since the restaurant did nothing after the fight started.
Another example where you might not be sure you can file a claim against a restaurant is when you may be partially to blame for the incident.
In Nevada we have a comparative negligence shared fault law, this law states that a person may be eligible to recover damages if the other party is at least 50% at fault.
Richard Harris Law Firm Can Help if You’ve Been Injured
The damages you can recover will be reduced by the percentage that you were at fault.
So if you were drunk and you start a fight with another patron and you are injured but the restaurant does nothing to stop or intervene in the fight then you may file a claim against the restaurant for not intervening in the incident.
But the court may hold you accountable for starting the fight.
If you are held 30% percent responsible for being drunk and starting the fight then your award for damages will be reduced by 30%.
Understanding the comparative negligence law in Nevada can be confusing.
If you were injured at a Las Vegas restaurant you should contact an experienced attorney today.
What if I Get Food Poisoning at a Restaurant
Food poisoning is a specific problem in restaurants.
While it doesn’t happen very often when it does it can be a huge problem for restaurants and especially restaurants in hotels on the strip.
You see, food poisoning can make many people sick at one time.
There are many ways to get food poisoning and many ways in which it is transmitted to the guests.
But at the end of the day who is ultimately responsible for food poisoning of the guests?
This can be confusing and sometimes difficult to prove, but you can call our premise liability lawyers at Richard Harris Law Office.
If you ate a food item at a restaurant and become ill and end up at the hospital you might initially think that the restaurant or hotel is the responsible party?
In reality it may be the manufacturer or the transporter of the food item that causes the item to make you sick.
Food recalls from manufacturers are common in the US and most people don’t know much about them.
So if you get sick at a Las Vegas restaurant you may be able to file a claim against the manufacturer or supplier of a food item and not just the restaurant.
Common Injuries at a Restaurant
There are a few accidents or injuries that are common at all restaurants:
- Slip and falls- wet floors or debris in common walkways are the most common reasons for slip and fall accidents at restaurants
- Food poisoning- as previously discussed this doesn’t happen often but it does happen
- Burns- most burns occur to the staff and not the patrons
- Ingesting foreign objects- some packages contain foreign objects like glass or plastic
Some of these injuries don’t sound that bad or may seem like they are not a big deal, but these injuries can result in serious medical issues and in certain cases can cause death.
Who Can I Sue if I’m Injured in a Restaurant
When you file a personal injury lawsuit there can be different people that might have some liability for your injuries.
This may involve individuals or companies, along with mutliple restaurant staff.
- Restaurant manager
- Restaurant owner
- Parent company
- Waiter / Bartender
What Damages Can I Get In a claim Against Nevada Restaurant
If you have been injured or got food poisoning at a restaurant in Nevada you can recover damages for the following items:
- Payment of medical bills- This includes all medical expenses including any future medical expenses that you may occur
- Lost Wages- This includes any wages you lost due to not being able to work after an accident at a restaurant. This can even include future lost wages for ongoing medical treatment
- Pain and Suffering- This is a percentage based on how much pain was caused to you by the accident or negligence
- Punitive damages- These damages are given by the court and basically they are to punish the defendant in the case. So if the restaurant was 100% negligent and caused your injury the court or jury may impose punitive damages to punish the establishment for their actions. Sometimes these damages can be extremely high amounts.