If you were hurt or made ill by a restaurant’s negligence in Hawaii, you may be wondering: What are my rights; can I sue? The answer depends on how the injury occurred, who was responsible, and what damages you’ve suffered.
Whether you’ve slipped in a parking lot, received a burn from a hot plate, or suffered another type of restaurant injury, you may have legal options to recover compensation. Talking with a Hawaii personal injury attorney can help you understand your options and what steps to take next.
Common types of restaurant injury claims
Under Hawaii law, restaurants have a legal responsibility to keep their property reasonably safe for customers. This includes everything from food handling and cleanliness to maintaining safe conditions in outdoor spaces like sidewalks and parking lots. When a restaurant owner fails to meet that responsibility and someone gets hurt, they can be held liable through a personal injury claim.
Some of the most common injury scenarios that lead to legal action include:
- Slip and fall accidents due to spilled drinks, greasy floors, or unclear entryways
- Symptoms of severe food poisoning caused by improper food handling, storage, or cooking
- Burns from overheated plates or spilled hot beverages
- Cuts or lacerations from broken glassware or utensils
- Injuries from poor lighting or broken stairs in dining or restroom areas
Restaurant injuries are not always straightforward, so each case should be evaluated by an experienced personal injury lawyer to assess the circumstances and the extent of harm caused.
Do I need to prove negligence?
Yes, filing a personal injury lawsuit against a restaurant generally requires proving that the business failed to act with reasonable care, and that this failure directly caused your injury. For example, if you slipped because staff didn’t clean up a spill promptly or warn visitors with signage, the restaurant may be found negligent.
To support your claim, your personal injury lawyer will work to gather evidence, including:
- Surveillance video
- Witness statements
- Photos from the scene
- Medical records and treatment notes
- Health inspection reports or maintenance logs
Filing a claim can help you recover damages for pain and suffering, medical bills, and lost income, among other losses.
What if I got sick from eating at a restaurant?
Foodborne illness cases can be more complex, but may give rise to a legal claim. Restaurants are required to follow strict food handling regulations, including maintaining proper temperature control, adhering to hygiene and sanitation procedures. If a food safety violation caused you to fall ill, the restaurant may be held liable.
You’ll need to show that the illness was linked to a specific meal, and that your symptoms align with known foodborne illnesses. Medical documentation and lab tests are essential in these cases. Make sure you keep all your paperwork from your medical visit. An experienced personal injury attorney can help you organize the necessary proof to strengthen your case.
Can I sue for injuries outside the dining area?
Yes, restaurant owners and/or property owners are responsible for maintaining safe conditions throughout the entire property, including sidewalks, patios, walkways, and the parking lot. Poor lighting, uneven pavement, or a failure to properly mark steps can all lead to preventable accidents. These fall under premises liability laws, and injured patrons may be entitled to compensation for medical expenses and other damages.
What damages can I recover?
If your injury occurred due to a restaurant’s negligence, you may be eligible to recover compensation for both economic and non-economic damages, such as:
- Medical bills for immediate and ongoing care
- Lost income if you had to take time off work
- Future lost wages if your ability to work has been affected
- Pain and suffering caused by the injury
- Emotional distress, especially in severe or traumatic cases
All of these require strong documentation. That’s why it’s important to keep copies of your medical records and any communication related to the incident.
How can a personal injury lawyer help?
Restaurants and insurance companies often push back against injury claims, especially when evidence is limited or the situation seems unclear. A personal injury lawyer can take the pressure off you by investigating the incident, collecting medical records, speaking with witnesses, and building a strong case on your behalf.
In Hawaii, most personal injury lawsuits must be filed within two years of the date the injury occurred, according to HRS §657-7. That deadline can sneak up quickly, especially when you’re focused on recovery. Acting early gives your attorney time to gather evidence and negotiate with the restaurant’s insurance company.
At Shaheen & Gordon, we handle the legal process so you can focus on healing. We offer a free consultation, and you won’t owe us anything unless we recover compensation for you.
Request a free case review
Shaheen & Gordon has built a reputation for standing up to powerful corporations and protecting the interests of individuals across Hawaii. We believe that every person deserves honest, attentive legal representation, no matter how big or small the case may seem.
If you’re looking for guidance, our team is here to help. Contact us today at (800) 451-1002 or contact us online to request a free consultation with a personal injury attorney. We’ll listen to your concerns and help you take the next steps toward recovery.
