For a restaurant owner, your greatest pride is in creating a warm, welcoming environment where guests can enjoy a fantastic meal and make happy memories. The last thing you ever want is for a guest to be injured on your property. A slip and fall or another accident is not only a traumatic event for the guest, but it can also trigger a premises liability lawsuit that can be financially and reputationally devastating for your business.
When an accident does happen, the first call a guest often makes is to a personal injury lawyer. But the work you do before an incident ever occurs is what will ultimately protect your business. A proactive partnership with a good business attorney is your best defense. They can help you identify and mitigate risks, turning your restaurant into a safer environment for your guests and a more legally defensible operation for you.
The best lawsuit is the one that never happens. Here’s how a lawyer can help you build a proactive defense.
Conduct a “Legal-Eye” Risk Assessment
You walk through your restaurant every day, but you see it through the eyes of an operator. An attorney who specializes in premises liability sees your property through a different lens—the lens of potential risk.
Having your lawyer conduct a periodic walk-through of your entire property, from the parking lot to the kitchen, is an invaluable proactive step. They are trained to spot the common hazards that lead to lawsuits:
- Poor lighting in a parking lot or a hallway
- Cracked or uneven pavement on a sidewalk
- Worn-out, slippery flooring or a bunched-up welcome mat
- Stairways with a loose handrail
By identifying and documenting these potential hazards, you can create a prioritized plan to fix them before they cause an injury.
Create a Rock-Solid Incident Response Plan
What your manager and your team do in the first 15 minutes after an accident can have a massive impact on the outcome of a potential claim. A panicked or improper response can make a bad situation much worse.
A lawyer can help you create a clear, simple, and step-by-step incident response plan for your managers to follow. This plan should include securing medical attention for the injured guest as the first and highest priority, securing the scene, taking multiple photos of the area where the incident occurred, never admitting fault or liability, and thoroughly documenting the incident on a formal, pre-prepared incident report form that captures all the relevant details.
This creates a consistent and professional response and ensures that the crucial evidence is preserved.
Implement and Document Regular Staff Training
In a premises liability case, one of the key questions will be whether your staff was properly trained on safety procedures. A lawyer can help you create and, just as importantly, document a regular and ongoing staff safety training program.
This should include training on spill cleanup procedures, regular safety sweeps, and the incident response protocol. Documenting that every employee has received this training is a powerful piece of evidence that demonstrates your commitment to safety.
Review Your Insurance Coverage
Finally, a lawyer can work with your insurance broker to review your commercial general liability policy and ensure you have adequate coverage for a premises liability claim. They can help you understand your coverage limits and identify any potential exclusions in your policy that could leave you exposed. This is a critical final step in your risk management strategy. A comprehensive risk management plan is a key part of a successful operation.
In the hospitality business, the safety of your guests is paramount. By working proactively with a business attorney, you are not just preparing for a potential lawsuit; you are building a stronger, safer, and more professional operation from the ground up.