When we visit a a restaurant, retail store, supermarket, drugstore, etc., we have a special legal status under tort law known as an “invitee.” Under this status, owners and operators of premises owe us a duty of care to prevent injury to visitors by maintaining the premises in a safe condition, not creating hazards, and timely remedying any known hazards. Failure to do so that results in injury can give rise to a victim bringing a premises liability lawsuit. In fact, a visitor to a business is owed this duty of care regardless of whether or not they make a purchase, but are owed this duty because they have the potential to make a purchase.
According to an article by the Cook County Record, a woman is suing Northwestern Hospital and Au Bon Pain in a premises liability lawsuit for injuries she sustained while in the Au Bon Pain restaurant located inside the hospital. The lawsuit alleges that the plaintiff was hit by a woman’s motor scooter while visiting the hospital. The lawsuit alleged that a hospital staff member was negligent for guiding the woman’s scooter into her leg. She further alleges that the hospital and Au Bon Pain violated the safe capacity number of persons allowed inside the café at a time. The plaintiff filed suit in Cook County Circuit Court and seeks damages in excess of $50,000.
Spaces inside businesses are given a determined capacity limit by city officials. The purpose of such a number is safety to prevent overcrowding and ease of exit in case of fire or another emergency situation. When businesses permit more people inside than their mandated capacity, they create the possibility for a dangerous situation to arise. Such negligence can lead to the injury of customers, and a lawsuit may follow for having not abided by the rules and their duty and allowing injury to occur.
Our lawyers remind business owners and operators of their duties to protect patrons and abide by laws put in place to protect visitors from injury. Our firm has represented plaintiffs in premises liability and a wide range of personal injury lawsuits since our firm’s opening in 1992. With over 20 years of experience, our lawyers have recovered fair and just verdicts and settlements for our clients for the harms caused to them by negligence. If you or someone you love has sustained injury while visiting a place of business, you may have a claim against that business. As a plaintiff, you and your legal team must prove that the owners failed to maintain the property, created unsafe conditions that caused injury, or that the owner knew about the hazard but did not warn visitors to the property. We offer free consultations, and we would be happy to hear from you. Contact us to set up an appointment, and one of our lawyers can discuss your legal options with you and see if a lawsuit is the right course of action for you.