🍴 Restaurant Injury Claims Overview
Restaurant owners in California owe a heightened duty of care to patrons as business invitees. Under California Civil Code 1714, restaurants must maintain safe premises, properly train staff, serve safe food, and protect customers from foreseeable harm. When they fail, injured customers can recover substantial damages.
When to Use This Guide
Use this guide if you were injured at a California restaurant due to:
💧 Slip and Fall
Wet floors from spills, mopping, or grease; uneven flooring; debris in walkways; damaged floor mats
🌮 Food Poisoning
E. coli, salmonella, norovirus, listeria, or other foodborne illness from contaminated food
🔥 Burns / Hot Liquid
Scalding coffee or soup, hot plate burns, grease splatter, defective serving containers
🔒 Inadequate Security
Assault by other patrons, robbery in parking lot, lack of security staff or lighting
🚧 Cal/OSHA Violations
Exposed wires, blocked exits, missing fire extinguishers, unsafe equipment
🦽 Falling Objects
Items falling from shelves, unsecured decor, collapsing furniture or fixtures
👍 What You Can Recover in Restaurant Injury Cases
- Medical expenses - Emergency care, hospitalization, ongoing treatment
- Lost wages - Time missed from work during recovery
- Pain and suffering - Physical pain and emotional distress
- Future medical costs - Ongoing treatment or surgery needs
- Loss of enjoyment - Impact on daily activities and quality of life
Common Restaurant Injury Scenarios
💧 Wet Floor Slip and Fall
▼Restaurants frequently mop floors, especially near drink stations and restrooms. If staff mop without placing wet floor signs, or if a spill is not promptly cleaned, customers can slip and suffer serious injuries. Common injuries include hip fractures, head trauma, and wrist fractures from bracing the fall. Restaurants have a duty to regularly inspect floors and warn of wet conditions.
🌮 Food Poisoning Claims
▼Restaurants must follow California Health and Safety Code requirements for food handling, storage temperatures, and hygiene. Food poisoning can result from undercooked meat, cross-contamination, improper refrigeration, or infected food handlers. Proving your case requires medical documentation linking your illness to the restaurant and evidence of what you consumed. Time is critical as health departments may investigate.
🔥 Hot Coffee/Beverage Burns
▼Following the famous Liebeck v. McDonald's case, restaurants know beverages should not be served at temperatures that cause third-degree burns. Burns can occur from defective lids, overfilled cups, or unstable serving containers. Severity of burns and whether the temperature was unreasonably dangerous are key factors. Document the temperature if possible and preserve the cup or container.
🔒 Parking Lot Assault/Robbery
▼Restaurants have a duty to provide reasonable security for their patrons, especially in high-crime areas or during late-night hours. This includes adequate lighting, security cameras, and sometimes security personnel. If a restaurant knew or should have known about prior criminal activity in the area but failed to take precautions, they may be liable for third-party criminal acts against customers.
🚧 Cal/OSHA and Code Violations
▼California restaurants must comply with health codes, fire codes, and Cal/OSHA regulations. Violations such as blocked fire exits, missing fire extinguishers, exposed electrical wiring, or unstable equipment can cause serious injuries. Evidence of code violations strongly supports negligence claims. Request inspection records from local health and fire departments.
⚠ Time is Critical
California has a 2-year statute of limitations for personal injury claims under Code of Civil Procedure 335.1. For food poisoning cases, file a complaint with the local health department within 24-48 hours. Request security footage immediately as most restaurants overwrite recordings within 7-30 days.
⚖ Legal Basis
California law imposes a heightened duty of care on restaurants as business establishments that invite the public onto their premises. These statutes and cases establish restaurant liability.
Key California Law
California Civil Code Section 1714(a)
Everyone is responsible for injuries caused by their want of ordinary care in the management of their property. Restaurants owe business invitees a duty to maintain safe premises, regularly inspect for hazards, and promptly correct or warn of dangerous conditions.
Rowland v. Christian (1968) 69 Cal.2d 108
Established that California property owners owe a general duty of ordinary care to all persons on their property. For restaurants, this means the duty to discover hazards through reasonable inspection and either fix them or warn customers.
Health and Safety Code Sections 113700-114437
California Retail Food Code establishes strict requirements for food safety, proper temperatures, sanitation, and employee hygiene. Violations can serve as evidence of negligence per se in food poisoning cases.
Cal/OSHA Title 8, California Code of Regulations
Workplace safety regulations that also protect patrons. Violations of fire safety codes, electrical codes, or equipment safety requirements can support negligence claims when customers are injured.
Ann M. v. Pacific Plaza Shopping Center (1993)
Business owners may be liable for third-party criminal acts if they had notice of prior similar incidents and failed to take reasonable security measures. Applies to restaurant assault and robbery cases.
Elements You Must Prove
- Business invitee status - You were a customer lawfully on the premises
- Duty of care - The restaurant owed you a duty to maintain safe premises
- Dangerous condition - An unsafe condition existed (wet floor, contaminated food, etc.)
- Knowledge or constructive notice - The restaurant knew or should have known about the hazard
- Failure to act - The restaurant failed to repair, remove, or warn of the hazard
- Causation - The condition caused your injury
- Damages - You suffered actual harm as a result
💡 Mode of Operation Rule
In self-service restaurants, buffets, and fast-food establishments, California applies the "mode of operation" rule. If the restaurant's method of operation makes spills and hazards foreseeable (like a self-serve drink station), the restaurant may be liable even without proof they knew about the specific hazard. The business model itself creates the duty to continuously monitor.
✅ Evidence Checklist
Gather these documents before sending your demand letter. Click to check off items as you collect them.
📷 Scene Documentation
- ✓ Photos of the hazard (wet floor, spill, broken item)
- ✓ Photos showing lack of warning signs or barriers
- ✓ Photos of your visible injuries at the scene
- ✓ Your receipt showing date, time, and items ordered
🌮 Food Poisoning Evidence
- ✓ Receipt showing what you ordered and when
- ✓ Stool sample test results identifying pathogen
- ✓ Health department complaint and investigation report
- ✓ Food diary of everything eaten 72 hours before symptoms
📝 Incident Reports
- ✓ Restaurant incident report (request a copy)
- ✓ Police report if law enforcement responded
- ✓ 911 call records and EMS run sheets
- ✓ Your own written account (write immediately)
👥 Witness Information
- ✓ Names and contact info for all witnesses
- ✓ Written or recorded witness statements
- ✓ Names of employees who witnessed or responded
- ✓ Manager's name who handled the incident
🏥 Medical Records
- ✓ Emergency room records and bills
- ✓ All follow-up treatment records and bills
- ✓ Prescription records and pharmacy receipts
- ✓ Doctor's notes on prognosis and future treatment
🔎 Restaurant Records
- ✓ Request for security camera footage (in writing)
- ✓ Health department inspection reports
- ✓ Prior incident reports at same location
- ✓ Corporate owner/franchisee information
🔒 Act Fast on Video Evidence
Request security camera footage in writing within 24-48 hours. Most restaurants overwrite surveillance video every 7-30 days. Send a written preservation letter via certified mail demanding they preserve all footage from the incident. This creates a legal obligation to retain evidence.
💰 Calculate Your Damages
Restaurant injury victims can recover both economic and non-economic damages. Here is what you may be entitled to claim.
| Category | Description |
|---|---|
| Medical Expenses (Past) | Emergency room, doctors, surgery, imaging, medications, therapy |
| Medical Expenses (Future) | Projected future treatment, surgery, or rehabilitation needs |
| Lost Wages (Past) | Income lost from missing work during recovery |
| Lost Earning Capacity | Reduced ability to earn income due to permanent limitations |
| Pain and Suffering | Physical pain, discomfort, and inconvenience from injuries |
| Emotional Distress | Anxiety, PTSD, fear of restaurants, depression |
| Scarring/Disfigurement | Permanent visible scars from burns or injuries |
💡 California's Comparative Fault Rule
California uses pure comparative negligence. Even if you share some fault (like not seeing a wet floor sign), you can still recover damages reduced by your percentage of fault. If you are 20% at fault and damages are $100,000, you recover $80,000.
📊 Sample Damages Calculation
Example: Slip and Fall on Wet Floor - Fractured Hip
💰 Pain and Suffering Multiplier
California does not cap pain and suffering damages in most cases. For serious injuries like fractures or burns, multipliers of 2-5x medical expenses are common. Permanent injuries, scarring, or conditions requiring ongoing treatment warrant higher multipliers.
📝 Sample Language
Copy and customize these paragraphs for your restaurant injury demand letter.
🚀 Next Steps
What to do after sending your demand letter.
Expected Timeline
Days 1-7
Restaurant/insurer receives and assigns your claim
Days 7-21
Insurance adjuster investigates and reviews evidence
Days 21-45
Response with settlement offer, denial, or request for info
If They Do Not Pay or Lowball You
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Consult a Personal Injury Attorney
Most restaurant injury attorneys work on contingency (33-40% of recovery). For serious injuries, attorney representation typically increases settlement amounts significantly. Chain restaurants have aggressive insurance defense teams.
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Continue Medical Treatment
Do not stop treating just because you sent a demand. Gaps in treatment hurt your case. Follow all doctor recommendations and document your recovery.
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File a Lawsuit
If settlement cannot be reached, you can file in California Superior Court (claims over $12,500) or Small Claims Court (up to $12,500). Filing fees are approximately $435 for Superior Court. Many restaurant cases settle after filing.
⚠ For Food Poisoning Cases
Report to your local county health department within 24-48 hours. They can investigate the restaurant, interview other potential victims, and take food samples. Health department findings can be powerful evidence. Also see if other customers reported illness - class actions are possible for outbreaks.
Need Legal Help?
Restaurant injury cases against chain restaurants require experienced counsel. Get a 30-minute strategy call with an attorney to evaluate your case.
Book Consultation - $125California Resources
- County Health Departments: Report food poisoning and request inspection records
- California Courts Self-Help: selfhelp.courts.ca.gov - Forms and instructions
- State Bar Lawyer Referral: calbar.ca.gov/Public/Need-Legal-Help
- CA Civil Code 1714: leginfo.legislature.ca.gov
- Small Claims Limit: $12,500 (individuals) / $6,250 (businesses)