Question

Sullivan and his friend Williams were having a quiet drink together one evening in a London, ON bar when they got into an argument with four men at the next table, who had obviously had a fair amount to drink and were looking for a fight. There was a brief scuffle when one of the men attacked Sullivan. The scuffle was broken up by two of the bar staff.

The bar owner had the four men ejected out the back door of the bar. He then told Sullivan and Williams to leave by the front door. They did so but were confronted by the four men who viciously attacked them, causing serious injury to Sullivan. Sullivan brought an action against the bar owner alleging that he was partially responsible for causing his injuries.

Should Sullivan succeed?

Answer 1

NO SULLIVAN WILL NOT SUCCEED

What is a Restaurant Injury?

Additionally, restaurant owners are responsible for keeping the restaurant property safe for those who eat and drink there, as well as not causing injuries to the patrons that are dining at their establishment.

What Duties Does a Restaurant Owner Have?

• Properly cooking and handling food to avoid undercooked or contaminated foods, to avoid poisoning patrons;
• Properly training and supervising staff to not drop hot plates or beverages on patrons, to lessen the risk of burns;
• Not serving patrons who are clearly intoxicated, to avoid dram shop liability;
• Providing a safe means of entrance and exit to the business;
• Maintain a safe passageway from the dining room to the restroom;
• Properly maintain the furniture by inspecting seats, stools, and chairs;

What If I Am Assaulted in a Restaurant?

restaurant owners generally do not owe patrons a duty to protect them from the criminal acts of third parties. This includes if you are assaulted in the restaurant. However, a restaurant owner may owe you a duty to protect you from an assault if they knew another person was going to attack you, but did not prevent it from happening.

How to Sue a Restaurant for Negligence?

In order to successfully sue a restaurant for negligence and recover for your injuries, you must prove not only all of the elements of negligence, but also that the negligence of the restaurant was the direct cause of your injuries or illness.

Therefore, you must provide evidence that proves that the act or omission of the restaurant that caused your injury were foreseeable by the restaurant owner, that the actions were negligent, the actions directly caused your injuries, and your damages are measurable (like hospital bills).

If you prove that the restaurant was negligent, then they will be responsible for paying for your damages. Damages may include your medical bills, lost wages, pain and suffering, and any other out-of-pocket expenses that occurred due to the incident.

In order to make a strong claim against the restaurant it is important to gather as much evidence of the incident as possible, especially evidence that tends to link the acts or omissions of the restaurant to your injuries. For instance, you should always try and obtain any incident report that was filled out as a result of your injury.

Are There Limits on Liability for Restaurant Injuries?

Importantly, there are a few limits to the owner’s responsibility. For instance, restaurant owners will not be held liable for patrons who are injured in restricted areas of the restaurant. Further, as mentioned above, restaurant owners do not have a duty to protect patrons from the acts of a third party, unless that third party happens to be an employee of the restaurant.