Countless outdoor dining options in Virginia Beach offer fresh-caught seafood, just-picked produce, and everything in between. Whether you live in Virginia or you are visiting Virginia Beach on vacation, locals and visitors alike enjoy the fresh air and relaxed atmosphere that outdoor dining spaces provide. However, there are safety hazards unique to outdoor venues that can increase the risk of a slip and fall accident. Depending on the nature and severity of the accident, this can cause injuries ranging from minor cuts and scrapes to broken bones and serious head injuries.
If you or a loved one is injured in a slip and fall accident at an outdoor dining area, it is highly recommended that you contact an experienced slip and fall lawyer who will protect your legal rights and negotiate the best possible settlement outcome.
What Are the Hazards Associated with Outdoor Dining Areas in Virginia Beach?
Virginia Beach has over 16,000 dining establishments, many of which have outdoor dining areas. Unlike indoor restaurants, outdoor dining spaces are constantly exposed to the weather. While this is the main reason why outdoor seating is so appealing to diners, it also means that they are constantly exposed to changing weather conditions, like a sudden summer thunderstorm, extreme heat and humidity, or heavy winds. This can create hazardous conditions for customers. In addition to weather, the following are examples of common hazards that can increase the risk of a slip and fall accident:
- Wet sidewalks from rain or spilled drinks
- Uneven pavement or cracked concrete
- Loose or broken pavers
- Narrow walkways that make it difficult for customers and servers to pass
- Slippery wooden decks
- Ice during colder months
- Sand tracked into dining areas near the beach
- Crowded seating arrangements
- Poor lighting during evening hours
- Extension cords stretched across walkways
- Broken or unstable chairs and tables
What Are Common Slip and Fall Injuries from Outdoor Dining Falls?
A slip and fall accident can occur at an outdoor dining area when you least expect it. Depending on the nature and severity of a slip and fall accident, the resulting injuries can range from minor to severe. The following are examples of some of the most common types of injuries that a slip and fall accident can cause:
- Broken bones. Falls often result in broken wrists, arms, ankles, hips, or legs. Often, people instinctively try to break their fall with their arm, which places tremendous force on the wrist and arm. Older people are also more likely to suffer broken bones in a slip and fall accident.
- Head injuries. If you fall in a way that you hit your head on the ground, this can lead to head injuries that range from a minor concussion to Traumatic Brain Injury (TBI). You must seek immediate medical attention after a head injury, even if your symptoms seem minor. Head injuries can become worse over time, so delaying treatment can result in your injury becoming more serious and difficult to treat.
- Back and neck injuries. The impact of a sudden fall can strain muscles, damage discs, or injure the spine. If not properly diagnosed and treated, these injuries can cause chronic pain that affects work and daily activities.
- Sprains and torn ligaments. Twisted ankles and knee injuries are another common slip and fall injury that can occur on slippery or uneven surfaces.
- Cuts and bruises. The impact of hitting the floor, pavement, or outdoor furniture during a fall can cause painful cuts, scrapes, and bruises. Depending on the severity of the cut, the injury may require surgery, physical therapy, and other medical interventions.
How Do I Prove Negligence in a Slip and Fall Accident in an Outdoor Dining Area?
To recover the damages you are entitled to in a slip and fall claim, you must be able to prove that “negligence” was a factor and that the restaurant owner, or another liable party, failed to maintain a safe environment or take immediate steps to address a safety hazard. The following are the elements of negligence you must be able to demonstrate:
- Duty of care. Restaurant owners or managers have a responsibility to maintain safe premises, including the outdoor dining area. This means taking reasonable steps to prevent potential hazards like cleaning up spills and maintaining clear and safe walkways.
- Breach of duty. If the restaurant owner overlooks a wet floor, fails to clean up a spill, or does not provide mats in the entryway during rainy weather, this is a breach of duty.
- Causation. You must also show that the breach of duty directly caused your injuries. For example, if you were dining outside and you slipped on the wet floor on your way to the bathroom, you may be able to connect the fall to the restaurant owner’s negligence.
- Damages. Finally, you must show that the slip and fall accident caused injuries that resulted in financial losses. Copies of medical bills, lost wages, and documentation of pain and suffering can prove damages.
Who Is Responsible for Slip and Fall Accidents in Outdoor Dining Areas?
Several parties may be liable for a slip and fall accident in an outdoor venue. Responsibility will depend on several factors, including whether someone failed to keep the property reasonably safe or warn people about a known hazard. The following are examples of parties that may be liable for a slip and fall accident:
- Restaurant owners. The restaurant owner is generally responsible for maintaining the areas of the restaurant that are under their control. This may include outdoor patios, decks, and other outdoor spaces used by customers.
- Property owners. In some cases, restaurants lease space from shopping centers or commercial property owners. Oftentimes, the property owner is responsible for maintaining the property, including outdoor dining areas.
- Property management companies. If a property is managed by an outside company, it may be responsible for overseeing maintenance and repairs. However, responsibility often depends on where the accident occurred and who was responsible for maintaining that area.
When it comes to negligence, it is important to keep in mind that Virginia follows the “contributory negligence” rule, which states that if an injured person is found to be even 1% responsible for causing the accident, they may be prohibited from recovering any damages. For example, if you were reading a text message when you slipped, the insurance company may argue that you were distracted at the time of the accident.
What Steps Should I Take After a Slip and Fall Accident?
To ensure that your legal rights are protected and that you recover the damages you are entitled to, you must take the following steps if you were injured in a slip and fall accident at an outdoor dining area:
- Seek immediate medical attention. Even if your injuries do not seem serious or life-threatening, you must get prompt medical treatment. This will ensure that your injuries are properly treated and establish records that connect your injuries to the accident.
- Report the incident. Notify the restaurant manager or property owner about what happened, and ask the person to complete an accident report. Request a copy of the report.
- Take photographs. If you are physically able to do so, take pictures of the hazards that caused the fall, the lighting conditions, weather conditions, the surrounding area, warning signs or lack thereof, and your injuries.
- Get statements from witnesses. If other diners or restaurant employees saw the accident happen, ask if they would be willing to provide a statement and ask for their contact information.
- Contact a slip and fall lawyer. An experienced slip and fall lawyer will discuss the details of the accident, determine whether negligence was a factor, and work tirelessly to recover the maximum damages to which you are entitled.
What Damages Am I Entitled to in a Slip and Fall Accident?
If you were injured in a slip and fall accident at an outdoor dining area, a successful claim will ensure that you recover the following damages:
- All medical expenses associated with your injuries, including emergency treatment, hospitalization, surgery, medications, physical therapy, and follow-up care
- Future medical care if your injury is severe and requires ongoing treatment or long-term care
- Lost income if you are unable to return to work for an extended period of time
- Pain and suffering, including the emotional effect the injury has on your daily life
A Virginia Beach Slip and Fall Accident Lawyer at Anchor Legal ®Represents Clients Injured at Outdoor Dining Areas
If you or a loved one was injured in a slip and fall accident at an outdoor dining space, do not hesitate to contact a Virginia Beach slip and fall lawyer at Anchor Legal. We will conduct a thorough investigation into the details of your case, determine who is responsible for your injuries, and pursue the maximum financial compensation you deserve. We will continue to fight for you until you are completely satisfied. For a free consultation, call today at 757-LAW-0000 or contact us online. Located in Virginia Beach, we proudly serve clients in the surrounding areas.