A night at a restaurant can change quickly when a wet floor, spilled drink, uneven surface, or other hazard causes someone to fall. Restaurant slip-and-fall accidents can result in broken bones, head injuries, back injuries, and other conditions that require significant medical treatment.
A restaurant is not automatically responsible simply because someone falls on its property. Liability generally depends on why the accident occurred, what the restaurant knew or should have known about the dangerous condition, and whether reasonable steps were taken to protect customers. At Pribila & Fields, we represent people injured in slip-and-fall accidents in Colorado Springs and throughout Colorado.
Restaurant customers generally enter the property for the benefit of the business. Under Colorado premises liability law, that status can affect the duties owed by the landowner.
In a restaurant accident, the central questions often involve whether a dangerous condition existed and whether the responsible party knew or should have known about it.
Our Colorado Springs slip-and-fall attorneys handle premises liability claims involving unsafe conditions on commercial properties.
A restaurant claim might arise when employees fail to address a dangerous condition within a reasonable amount of time or when the business itself creates the hazard.
However, every case depends on its specific facts.
Restaurants can present unique fall risks because employees and customers are constantly moving through areas where food, drinks, cleaning products, and other materials may end up on the floor.
Common hazards include:
Some hazards may appear suddenly. A customer could spill a drink moments before another person walks through the area.
Others may exist long enough that restaurant employees should reasonably discover and address them.
That distinction can become important when determining whether a Colorado Springs restaurant may be liable.
Evidence that a restaurant employee created the dangerous condition can be significant.
Suppose a server spills a drink in a busy walkway but does not clean it up or place a warning sign near the area. Several minutes later, a customer slips on the liquid and suffers a serious injury.
The circumstances could support questions about whether the restaurant took reasonable precautions after its employee created the hazard.
Similar issues can arise when employees mop floors without providing warnings, leave equipment in walkways, or improperly clean greasy surfaces.
Restaurant operations naturally involve spills and cleaning. The legal issue is often whether the business responded reasonably to foreseeable risks.
Cases can become more complicated when another customer creates the dangerous condition.
Imagine that someone spills a drink on the floor of a Colorado Springs restaurant. Thirty seconds later, another customer slips on it.
The restaurant may not have had a reasonable opportunity to discover and correct the problem.
Now consider the same spill remaining in a heavily traveled aisle for a much longer period while employees repeatedly walk nearby.
That may raise different questions.
Evidence concerning how long a hazard existed can therefore be critical. The longer a dangerous condition was present, the stronger an argument may become that reasonable inspections should have discovered it.
Warning signs can be one way for a restaurant to protect customers from a temporary hazard, but whether a warning is adequate depends on the circumstances.
A bright caution sign near a freshly mopped section of floor may alert customers to the danger. A small sign placed where customers cannot reasonably see it may not provide the same protection.
Restaurants should also address hazards rather than relying indefinitely on warnings when the dangerous condition can reasonably be corrected.
For example, putting a sign next to a spill may temporarily warn customers, but the restaurant should still take appropriate steps to clean the spill.
When investigating a Colorado Springs slip-and-fall claim, the presence, absence, and placement of warnings can all be relevant.
One challenge with restaurant slip-and-fall cases is that evidence can disappear quickly.
A spilled drink may be cleaned up immediately after someone falls. A damaged mat may be replaced. Employees may not remember the incident months later. Surveillance footage could eventually be overwritten.
If you are physically able, take photographs or video of the area where you fell before the condition changes.
Useful evidence may include:
Do not assume the restaurant will automatically preserve everything relevant to your claim.
Prompt investigation can be especially important when video footage may show both the accident and how long the dangerous condition existed beforehand.
Yes. A serious fall should generally be reported to a manager or another appropriate restaurant employee.
Ask that the incident be documented.
When explaining what happened, stick to the facts. If you do not know exactly what caused you to fall, you do not need to guess.
For example, you might realize only after the accident that there was a clear liquid on the floor. Avoid speculating about how long it had been there or who caused it unless you actually witnessed those facts.
If the restaurant prepares an incident report, ask whether you can obtain a copy or record information about who took your report.
Some injuries become more noticeable after the initial shock and adrenaline of an accident subside.
A person may initially believe they are only sore, then experience worsening back pain, headaches, swelling, or limited movement later that evening or the following day.
Seek appropriate medical attention after a serious fall.
Medical records can document the injuries and connect treatment to the accident. Delaying care can also create an opportunity for an insurance company to argue that an injury was unrelated to the restaurant fall or was not as serious as claimed.
Follow the recommendations of your healthcare providers and keep copies of medical bills and related records.
Restaurants and their insurers may argue that an injured customer contributed to the accident.
For example, they may claim the hazard was obvious, that the customer was distracted, or that inappropriate footwear contributed to the fall.
Colorado's comparative negligence rules can make allegations of shared responsibility important to a personal injury claim.
Being accused of contributing to an accident does not necessarily mean you have no case. The specific facts and allocation of responsibility matter.
This is another reason evidence from the scene can be so valuable. Photographs and video may help establish whether a hazard was readily visible and whether reasonable warnings were provided.
The restaurant itself may not be the only potentially responsible party.
Depending on how the property is owned and operated, a premises liability case could involve questions concerning:
For example, a fall inside a restaurant may involve restaurant operations, while an accident on an icy walkway outside the building could raise questions about who was responsible for maintaining that area.
Identifying the correct party can be an important part of a Colorado Springs premises liability investigation.
The period immediately following a restaurant accident can be important for protecting both your health and your ability to establish what occurred.
After a serious fall:
You should also act promptly. Evidence that could help establish liability may become unavailable as time passes.
A restaurant may be liable for a slip-and-fall injury when a dangerous property condition causes an accident and the requirements of Colorado premises liability law are satisfied. Determining responsibility requires looking closely at the hazard, what the restaurant knew or should have known, the steps taken to protect customers, and the evidence available after the fall.
If you are dealing with injuries after a restaurant slip and fall in Colorado Springs, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
Pribila and Fields, P.C. has successfully handled thousands of personal injury cases and tried scores of cases where an insurance carrier refused to pay fair compensation for injuries, losses or damages.
18 E. Monument Street
Colorado Springs, CO 80903
reception@pribila.com
Phone: (719) 888-3720
Fax: (719) 473-2542
Copyright @ 2025 Pribila and Fields, P.C. | All Rights Reserved
