Bar and Restaurant Liability

What Is Bar and Restaurant Liability?

Bar and restaurant liability falls under premises liability law. These laws require business owners to maintain a safe environment for employees and patrons. Restaurant and bar injury claims often stem from allegations that the business owner breached this duty. 

For instance, failing to maintain the floor of an outdoor patio could lead to a slip and fall. Similarly, a restaurant may have poor interior lighting and uneven flooring. If these conditions caused someone to trip and injure themselves, it could lead to a personal injury claim. 

If you’ve suffered a restaurant injury, our premises liability lawyers can help. Our legal team has the experience and know-how necessary to protect your rights, fight for fair compensation, and seek justice. 

Common Causes of Bar and Restaurant Injuries

The most common restaurant injuries include the following: 

• Slip-and-fall accidents 
• Assaults
• Security negligence
• Burns from hot food or equipment 
• Falling objects
• Food poisoning and allergic reactions 

An experienced premises liability lawyer from Adam S. Kutner, Injury Attorneys, can help establish a connection between these incidents and your injuries. For instance, if you are burned by hot food that was mishandled, our team would gather evidence to demonstrate that the restaurant and their staff breached their duty of care. 

Similarly, slip-and-fall accidents in restaurants can be caused by several factors that fall under the responsibility of the owner or management, including wet floors, spills, and uneven surfaces.

Identifying what causes your injuries is only the beginning. Our legal team focuses on proving that the other party was negligent so that we can pursue fair compensation.

How to Sue a Bar or Restaurant for Negligence

If you need to know how to sue a restaurant for negligence, or a bar for unsafe conditions, you should:

• Seek immediate medical care: Medical records are key for proving the location and extent of your injuries.
• Document the scene: Take photos of the hazard that caused your injury. 
• Collect witness information: Get names and contact details from anyone who saw the incident. 
• Contact an attorney: Talk to an experienced lawyer for help negotiating with insurance companies. 

Take care of your immediate medical needs first before worrying about gathering evidence. Always bring an attorney into the loop before talking with insurance companies. Insurers are not on your side and may try to offer a lowball settlement to get you to settle fast. 

Keep in mind that the bar owner or their insurance company may try to shift some of the blame to you. According to NRS 41.141, Nevada follows a comparative negligence rule. That means you are not barred from recovery damages as long as your negligence is not greater than that of the at-fault party. 

For instance, if the other party is 60% at fault, and you are 40% at fault, you could still seek compensation. However, your amount of compensation will be reduced based on your degree of fault. Therefore, it’s important to hire an experienced legal team that can push back against the other party’s attempts to blame you. 

At Adam S. Kutner, Injury Attorneys, we have the knowledge and resources to build a strong case on your behalf. While our goal is to resolve your claim as efficiently as possible, we will not hesitate to take your case to trial if necessary. 

Liquor Liability and Dram Shop Laws

“Dram shop laws” are designed to hold bars liable when they over-serve visibly intoxicated patrons. While many states have adopted dram shop laws, Nevada mostly adheres to the traditional “No liquor liability” rule. 

According to NRS 41.1305, a person who furnishes, sells, or serves an alcoholic beverage to a person who is of legal drinking age is not liable in “any civil action for any damages” caused by that individual.

NRS 41.1305 does not provide comprehensive protection against liability if the person being served alcohol is under 21. The law primarily addresses individuals who furnish alcohol to underage individuals, or otherwise allow them to drink. Bars and restaurants (as well as their employees) are exempt from this provision. 

Liquor liability insurance provides additional protection for bars that serve alcohol. Should someone successfully file a claim for alcohol-related harm, the business’s insurance would most likely foot the bill.

Since there’s no dram shop liability in Nevada, if you suffer injuries due to the negligence of a drunk individual, you will likely have to file a claim against them to obtain compensation. 

Imagine you are sitting at a bar and a 21-year-old patron is sitting next to you. The bartender continues to serve the person, even though they are obviously severely intoxicated. When they get up, they stumble into you, knocking you off your stool and causing you to break your wrist. 

Thanks to Nevada’s no liquor liability rule, you could only sue the person who caused your injuries, not the establishment.

Understanding Bar and Restaurant Insurance Coverage

Restaurant and bar liability insurance protects establishments from a wide range of premises liability claims. Restaurant liability policies typically cover:

• Slips
• Falls
• Food-related illnesses
• General injuries

Bar liability insurance also covers alcohol-related claims involving patrons. Insurance plays a huge role in your claim and can impact how quickly and fully you are able to recover compensation. 

Types of Compensation That Can Be Resolved Under Premises Liability Claims

When filing premises liability claims, you may be entitled to several types of damages, including the following:

• Medical bills
• Lost wages
• Pain and suffering
• Property damage

There are no preset rules regarding what your damages can be. It’s important to consult an experienced premises liability lawyer to ensure all types of damages are accurately accounted for, including non-tangible harm, such as mental anguish. 

If you would like to learn more about the potential value of your claim, schedule a free consultation with Adam S. Kutner, Injury Attorneys. Our team members have litigated a wide range of premises liability cases, and can provide insights into the types of compensation you may be eligible for. 

Why Choose Adam S. Kutner for Your Bar and Restaurant Injury Claim? 

Do you need a premises liability lawyer? Adam S. Kutner, Injury Attorneys, is here to help. When you trust our firm to handle your case, you will benefit from our:

• Decades of combined personal injury experience in Las Vegas
• Track record of success in handling premises liability claims
• Client-focused service with personalized attention to your case
• Strong knowledge of Nevada premises liability law and insurance strategies

Would you like to talk to one of our attorneys? Schedule an appointment using our online form, or call our office.

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