Sidewalk Diners Injured by Drunk Drivers – Is a Restaurant Also Liable?

It is crucial to assess all liability factors and possible damages when a drunk driver crashes into an eatery’s sidewalk areas. Depending on the circumstances and the extent of injury, the restaurant could be held responsible for these cases.

Property Security

A drunk driver walking along the sidewalk is unlikely to cause an accident. It is hard to reduce or eliminate the chance of such an incident happening, especially when any drunk driver could inflict injury on diners without any provocation. These incidents may make it difficult to keep the outdoor dining area safe. The restaurant should ensure that safety guidelines and other safety measures are in line with city and state standards. These accidents can lead to injuries if the restaurant does not adhere to the required measures.

Alert to Diners

It is only when the manager or owner of the restaurant has warned that a drunk driver may be near that they can mitigate potential injuries and property damage by warning diners. One option is to take those who are eating outside onto the property, and remove all property that could be damaged. To reduce the liability, the company might also explain the situation to anyone who is not inside the building. The owner and management must prevent drunk drivers from using the sidewalk.

Maintenance and upkeep

Diners can hold restaurants responsible for their failure to maintain their establishments. The owner or management could be sued if the drunk driver causes injury to customers by crossing the street. These could include drinking spills, unsafe food or equipment that is not properly maintained. The legal team could hold an establishment partially responsible if the items increase the risk of a car crashing into the sidewalk section.

Negligence in an Accident

In these cases, the plaintiff will have to prove that the restaurant was negligent in its actions or negligent in their conduct. If there is no way for the plaintiff to know that the drunk driver was on the sidewalk, the lack of warning does not automatically make the claim. The restaurant can also be exempt from liability if there are no circumstances that could have caused additional injuries or increased risk. When the restaurant owner has taken care of the grounds properly and there are no other factors in the accident, it is important to keep your eyes on the at-fault party.

The Problems of pursuing a Claim

The plaintiff must prove that the restaurant is fully or partially responsible for any injuries suffered when he or she files a lawsuit against it. The victim must prove that the restaurant is liable for any injuries or dangerous conditions. You can do this by using the four elements of negligence claims. The restaurant must have a duty to care for the victim. This duty must be breached at some time. Also, the breach must have occurred and be directly related to the injuries. Next, the victim must prove the cause of the breach and the damage.

The victim must prove that he or she can not prove any of the four elements. This invalidates the victim’s claim against the restaurant. The establishment is liable for the care of the pedestrians, but a breach cannot occur if a drunk driver uses the sidewalk. In this case, the injury will not be connected or caused by the breach. The plaintiff can often not hold the restaurant responsible if the breach of duty was not the cause of the injuries.

Sidewalk Accident Legal Assistance

A lawyer will be needed to present the case and to explain the negligence claim, regardless of whether the victim is pursuing a claim against the restaurant or the drunk driver. It is possible to tell the court about all details of the accident with legal representation.

Updated 01/19/22