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Who Can Be Held Liable for Restaurant Burn Injuries?

Published in Burn Injury on May 3, 2023

Reading Time: 3 minutes

Getting dressed up and sharing a meal with family or friends at your favorite local restaurant is a wonderful way to spend an evening. Good food and good conversation can fill you with joy in a way that many other activities can’t. When your evening out is disrupted by a burn injury due to the negligence of the restaurant, it can be confusing as to what you need to do next. Who is at fault and can be held liable for your damages?

The answer depends on whose reckless actions directly caused the burn. The restaurant may be held liable, given their negligence is the primary cause of the accident. For specifics on your unique case, it’s vital to discuss the circumstances surrounding your accident with a qualified and knowledgeable lawyer. Sweeney Merrigan Personal Injury Lawyers have over 45 years of experience helping our personal injury clients get the compensation they deserve, and we would love to do the same for you. For a consultation today, please call 617-391-9001 or use our contact form.

Determining Liability for Your Restaurant Burn Injury

When you are burned at a restaurant, the primary liable party will likely be the restaurant itself. Any mishaps or recklessness of a waiter or cook will fall under the supervision of the restaurant itself, as they are expected to provide competent and safe serving staff. When your attorney is determining liability, they use the four components of negligence, including:

  • Standard of care
  • Breach of care
  • Causation
  • Damages

When you enter the establishment, you are owed a duty of care: The restaurant must not put you in any unsafe conditions. This includes any candles used as table decor or any fire-side cooking seats. When this care is breached and directly results in a burn injury, the restaurant may be held liable for your accident. It’s also important to note that Massachusetts currently follows a comparative negligence law, meaning you can be found to be partially liable for your accident and still receive damages. As long as you are not over the legal percentage liable, your attorney can still fight for compensation for your injuries.

2 Steps to Take After Being Injured at a Restaurant

After experiencing the burn, it’s imperative to receive medical attention immediately. This is not only for your physical health but to help build your case and demonstrate causation. If you have not yet received a professional examination and treatment, we urge you to do it as soon as possible. After you have been thoroughly examined and have a copy of your medical record, you can take the following two steps:

Gather Evidence

Evidence is needed to demonstrate the four components of negligence,  including anything from photographs of the fire hazard to eyewitness accounts of the accident. If you are unable to safely collect evidence after your accident, don’t worry. Your attorney can help investigate the circumstances and gather evidence, such as security footage and expert testimony.

Contact a Personal Injury Lawyer

While you focus on recovering, your personal injury attorney will get to work filing your claim, gathering evidence, and fighting for a settlement worthy of your experience.

Massachusetts currently has a statute of limitations of three years for personal injury cases, meaning you have three years from the date of the injury to begin the claim process. The faster you reach out to an attorney, the better, as much of the evidence needed to prove negligence is time-sensitive.

Injured and In Need of a Lawyer? Sweeney Merrigan Personal Injury Lawyers Can Help Today

If you have been injured due to the negligence of another, filing a claim can feel overwhelming and confusing. Take the weight off your shoulders today by partnering with Sweeney Merrigan Personal Injury Lawyers today. Our team is composed of prestigious and compassionate attorneys, such as co-managing partner J. Tucker Merrigan, who have spent their entire careers dedicated to helping their community receive the compensation they need to start fresh.

To get the process started today, give our office a call at 617-391-9001 or fill out our online contact form.

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