A man from Miami Dade County, Florida, Winslight Baptiste filed a personal injury suit on November 28, 2007 against KS & P Restaurants, LLC. According to the complaint, Baptiste’s damages are in excess of $15,000, not including attorney’s fees and costs of suit.
The complaint states that Baptiste was dining at a Denny’s restaurant, owned by KS & P, in North Miami, Florida when the table at the booth he was sitting in “flipped up” as he was getting up to leave, causing him to fall. The suit claims that KS & P was negligent by creating a dangerous condition by failure to provide a seating environment that was safe for customers, failure to keep the premises in a condition that was safe and proper for use, and failure to warn Baptiste of the dangerous condition.
The complaint alleges that KS & P’s “reckless or negligent” maintenance, operation, or control of the restaurant was the cause of Baptiste’s fall and subsequent personal injuries. It further says that the defendant’s negligence caused the restaurant to be unsafe and that KS & P knew, or should have known, that the area was not in a reasonably safe condition.
Also according to the complaint, KS & P employed people who were incompetent, unskilled, or careless and failed to exercise proper employee supervision in maintenance of the area.
The complaint states that as a result of the incident, Baptiste suffered bodily injury that resulted in pain and suffering, disability, disfigurement, mental anguish and pain, loss of earnings, loss of ability to earn, and medical expenses for past, present, and future medical care. It says that Baptiste will continue to suffer losses in the future, as well.
North Carolina law requires restaurant owners to provide a safe environment for its' customers. Although restaurant owners are not guarantors of the safety of their customers, they are required to act reasonably and prudently to protect its' customers from harm.
If the Miami case described above had happened in North Carolina, the restaurant owner would be liable only if it had reason to know that the booth was defective and potentially dangerous and that it did nothing to correct the problem.