Legal Question in Business Law in Louisiana

A customer was in a small resturant eating lunch when she claimed she got up to go to the restroom and fell. The waitress was in the back and did not see anything. When she returned to the seating area the customer was walking to the restroom unassisted and did not say anything to the waitress about her "fall". She proceeded to eat lunch and when she was leaving she told the waitress "you know i fell. This person is a regular customer and the waitress always picks with her regulars and did not think anything of the comment. The only other person in the resturant at the time was the customers friend. Now she is sueing. Since there was no report made and noone witnessed this "fall" can the resturant be held at falt?


Asked on 8/10/11, 5:18 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say as follows. Sure, the restaurant can be held liable if the customer can prove (a) damages and (b) that the restaurant was negligent. This is exactly why restaurants have insurance to cover these instances. The attorneys representing the insurance company will get to the bottom of the issue, believe me. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 8/10/11, 5:22 pm


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