📋 Restaurant Injury Claims in California
Restaurants owe their patrons a duty of care to maintain safe premises and serve safe food. California law provides strong protections for customers injured by slip and falls, burns from hot food or beverages, and foodborne illness caused by contaminated food.
Common Restaurant Injury Scenarios
💧 Wet Floor Slip and Falls
Spilled beverages, mopped floors without warning signs, grease near kitchen areas, rain-tracked water at entrances
🔥 Hot Food/Beverage Burns
Scalding coffee or soup, sizzling plate burns, steam burns from fajitas or hot pots, grease splatter
🦐 Food Poisoning
Salmonella, E. coli, norovirus, listeria, or other foodborne pathogens causing illness from contaminated food
🚧 Trip Hazards
Uneven flooring, loose carpet, broken chairs, debris in walkways, poor lighting
👍 What You Can Recover
- Medical expenses - ER, hospitalization, surgery, burn treatment, follow-up care
- Lost wages - Time missed from work during treatment and recovery
- Pain and suffering - Physical pain, scarring, emotional distress
- Scarring/Disfigurement - Permanent burn scars or visible injuries
Types of Restaurant Injuries
💧 Slip and Fall Injuries
▼Restaurants create constant slip hazards from spilled food and drinks, mopping, tracked-in water, and grease near cooking areas. The restaurant must clean spills promptly, post wet floor signs, and use non-slip flooring in high-risk areas. Failure to do so is negligence under Civil Code 1714.
🔥 Burn Injuries
▼Restaurants can be liable for burns from excessively hot beverages (Liebeck v. McDonald's principle), sizzling plates served without adequate warning, fajita pan flare-ups, or hot soup spills. Proper warnings and serving temperatures are required to protect customers.
🦐 Food Poisoning
▼Under California Health and Safety Code and strict liability principles, restaurants are liable for serving contaminated food. You must prove you ate at the restaurant and became ill within an appropriate incubation period for the pathogen. Health department complaints and stool cultures strengthen your case.
⚠ Report Food Poisoning Immediately
If you suspect food poisoning, see a doctor immediately and request a stool culture to identify the specific pathogen. Report the illness to your local county health department. Health department investigations can identify the source restaurant and provide crucial evidence for your claim.
⚖ Legal Basis
Restaurant injury claims in California draw from premises liability law, product liability for food contamination, and Health and Safety Code regulations.
Key California Laws
California Civil Code Section 1714(a)
Establishes the general duty of care requiring restaurants to maintain their premises in a reasonably safe condition for customers. Applies to slip and falls, furniture injuries, and other premises-related hazards.
California Health and Safety Code Sections 113700-114437
California Retail Food Code establishing food safety requirements for restaurants. Violations of temperature control, hygiene, and sanitation requirements constitute negligence per se. Health department inspection records are key evidence.
Strict Product Liability for Food
Under California product liability law (Greenman v. Yuba Power), restaurants serving contaminated food can be held strictly liable. You need not prove they knew the food was contaminated - only that it was defective and caused your illness.
Elements by Injury Type
💧 Slip and Fall
Hazard existed; restaurant knew or should have known; failure to clean or warn; caused your fall and injuries.
🔥 Burn Injury
Food/beverage unreasonably hot or served unsafely; inadequate warning; burns resulted from contact.
🦐 Food Poisoning
You ate at restaurant; became ill within incubation period; medical evidence of foodborne pathogen; no other likely source.
💡 Health Department Records Are Powerful Evidence
Request the restaurant's health inspection history from your county health department. Prior violations for temperature control, rodent infestation, or hygiene problems support claims of negligent food handling. Multiple food poisoning complaints from the same restaurant create a pattern.
✅ Evidence Checklist
Gather these documents before sending your demand letter.
📷 Scene Evidence
- ✓Photos of the hazard (spill, floor condition)
- ✓Photos of your injuries
- ✓Receipt showing date/time of visit
- ✓Incident report from restaurant
🦐 Food Poisoning Evidence
- ✓Receipt or credit card statement
- ✓Stool culture lab results
- ✓Health department complaint record
- ✓Restaurant's health inspection history
🏥 Medical Records
- ✓ER or urgent care records
- ✓Follow-up treatment records
- ✓Burn care/plastic surgery records
- ✓All medical bills
📈 Financial Records
- ✓Pay stubs for lost wages
- ✓Employer documentation of missed work
- ✓Out-of-pocket expense receipts
💰 Calculate Your Damages
| Category | Description |
|---|---|
| Medical Expenses | ER, hospitalization, burn treatment, surgery, therapy |
| Future Medical Care | Scar revision surgery, ongoing treatment |
| Lost Wages | Time missed during recovery |
| Pain and Suffering | Physical pain, burn trauma, scarring distress |
| Scarring/Disfigurement | Permanent visible scars, especially on face/hands |
📊 Sample: Hot Coffee Burn Case
📝 Sample Language
🚀 Next Steps
If They Do Not Respond
- Consult a Personal Injury Attorney - Most work on contingency with free consultations.
- Request Health Inspection Records - File a public records request with your county health department.
- File Lawsuit Before Deadline - You have 2 years under CCP 335.1.
Need Legal Help?
Restaurant injury cases require prompt evidence collection and may involve health code violations.
Free Case EvaluationResources
- County Health Department: Report food poisoning and request inspection records
- California Courts: courts.ca.gov/selfhelp - Filing information
- CA State Bar: calbar.ca.gov - Find an attorney