The Law & You

I Slipped and Fell After a Server Didn’t Clean Up a Spill. What Now?

The Law & You
May 16, 2018

The Law and You

I Slipped and Fell After a Server Didn’t Clean Up a Spill. What Now?

A viewer was injured after slipping and falling on a wet floor at a restaurant. He later learned a server had dropped a drink and failed to clean it up. Does he have a case? Premises liability attorneys Greg Fellerman and Ed Ciarimboli offer legal advice.

Dave Kuharchik: We’re talking about falling in a restaurant today in this edition of “The Law & You.” Always good to see attorneys Greg Fellerman and Ed Ciarimboli, how are you guys today?

Ed Ciarimboli: We are doing just fine, just fine, Dave.

Greg Fellerman: No one likes a restaurant more than Ed. I love restaurants.

Dave: Ed the restaurant guy.

Ed: I like to cook.

Dave: Ready to answer this question. Let’s address it here. Frank from Stroudsburg says, “I was at a restaurant last week and I slipped and fell on a wet floor outside of the kitchen. I was told by another customer that a server dropped a drink and did not clean it up. I broke my wrist and hurt my back. I feel bad about falling but I don’t think I did anything wrong. Do I have a case?”

Ed: You do have a case. A restaurant has an absolute obligation to make the premises safe for those people who are going to be eating at the restaurant. And that includes the floor. If someone dropped a drink and didn’t clean it up then you’re going to have a claim against them because obviously, the floor needs to be clean and free from any hazards. This drink being on the floor for a minimal length of time, especially if the people in the restaurant know about it, would be an unreasonable hazard and you would have a claim for this.

Greg: And we’ve litigated these cases. The restaurant creates the danger. They basically created it an didn’t clean it up. I think he has a great case. You always want to get the surveillance. Get that witness’ name, statements, photos, that’s all the stuff you need to do to win your case. Do your treatment, you have the medical claim. You didn’t do anything wrong. You were there as a business invitee, the highest duty to that person. You win. That’s a winner. Just reach out and get some help on it.

Ed: You got a good case.

Dave: So the key here is documenting as quickly as possible?

Greg: In falls, especially.

Ed: You’re going to have to put it together the right way in order to be successful. But, on its face, you have the makings of a being able to sustain this claim.

Dave: And if you need help, you know the firm that will make a difference. Contact these guys, they’ll hook you up. Attorneys Greg Fellerman and Ed Ciarimboli.

Ed: It’s in our wheelhouse.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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