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In Southern California, there are a wide variety of restaurants to choose from when dining out. Restaurants cater to a range of interests from those who are in need of a quick bite to others who are interested in a more elegant dining experience. However, what all restaurants have in common is that they owe their patrons the same duty of care. Under California negligence law, restaurants owe their customers the highest duty of responsibility to ensure a safe dining experience.

At The Roberts Law Firm, I have come across a wide variety of cases where restaurants fail to satisfy their duty of care. I know that the negligence, recklessness and ignorance of business owners can result in slip and fall accidents, personal injury and even wrongful death.

One case recently taken on by The Roberts Law Firm involved a slip and fall accident at BJ’s Pizzeria in Brea, Ca. My client, a 30 year old female, was walking down some steps that were used by many servers carrying drinks and food. One of the restaurant staff spilled something on the floor, making it very slippery. The staff member who spilled the liquid did not clean up the mess and did not post any warning signs that the area was slippery. As my client walked down the steps, her legs went out from under her and she landed hard on her tailbone.

Following the incident my client was out of work for 4 months, and to this day, 1 year later, is still in constant pain. As a result of the accident, my client fractured her lower back and suffered multiple disc bulges. Failing to take responsibility for their negligence, BJ’s says they don’t care that my client fell, and if she wants any compensation she will have to sue them. Currently the case against BJ’s is pending in the Orange County Superior Court, and seeks to have our client’s significant suffering, medical bills of $39,727.00 and lost income of $5,700.00 compensated.

Another case being handled by The Roberts Law Firm involves an incident that occurred at Shorehouse Café in Newport Beach. My client, a 75 year old man, was walking in a poorly lit walkway when he suddenly found himself tumbling down a set of steps that were unmarked and crumbling apart. Blaming the accident on my client, the Shorehouse Café says he was just an old man who fell. The case is presently pending in the Orange County Superior Court, my client is seeking compensation for his medical bills of $8,100.00 and his lost quality of life.

Photograph of the crumbling steps at Shorehouse Cafe

In California, restaurants like BJ’s Pizzeria and Shorehouse Café have certain duties they owe to persons who enter their business establishments. Classified under the status of an invitee, a person who enters a restaurant is owed the highest duty of care. This means that the restaurant has a duty to make reasonable and regular inspections of the premises, ensure that the premises is safe, and warn of any known dangers that may threaten the safety of the invitee. Mere warning of a dangerous condition is inadequate if the condition poses a serious danger of personal injury or death.

In restaurants, it is not uncommon for an employee to spill a drink on the floor. However, failure to clean up the mess or warn others of the impending danger is a breach of the duty of care can result in serious injury. Furthermore, the failure to maintain a public premises that is already deteriorating is a danger to anyone, no matter what their age may be.

As a premises liability/personal injury attorney at The Roberts Law Firm, I have successfully litigated many personal injury cases resulting in favorable results. When a person sustains injury because of the negligent, reckless or ignorant acts of another, that person is entitled to damages. If you or a loved one have suffered a personal injury due to the negligent acts of another, you should contact our experienced personal injury attorneys at The Roberts Law Firm.