How to Sue a Restaurant in Small Claims Court

How to Sue a Restaurant in Small Claims Court

When you consider all of the time and money people spend at restaurants each year, it's not surprising that there can be many negative experiences. If you've been injured while dining out, experienced severe food poisoning, or perhaps are a restaurant employee suffering from a workplace injury, you might be looking to have your damages addressed in small claims court.

There are many valid reasons for someone to sue a restaurant, but handling a lawsuit on your own can be challenging and stressful. Without experience, it can be difficult to receive the compensation you're entitled to. Luckily, you have DoNotPay on your side. DoNotPay is the world's first Artificial Intelligence-powered robot lawyer. After collecting some information about your case, our app will guide you through the entire process.

Reasons to File a Lawsuit Against a Restaurant

The most important thing you need to know about is that in order to collect money, you have to be able to prove damages. For example, many people experience food poisoning while dining out. However, unless you are able to definitively prove a specific restaurant caused your illness and have medical bills that resulted from it, it's unlikely you will be awarded any damages.

Nevertheless, there are many legitimate reasons to file a lawsuit against a restaurant. Let's take a look at some of the most common restaurant lawsuits that get filed in small claims courts.

Sue a Restaurant for Slipping and FallingInjuries resulting from falls that occur on restaurant premises are a major source of small claims lawsuits each year. The National Restaurant Association also acknowledges slips and falls as a major potential liability. If you fell in a restaurant due to a slippery or wet floor or another safety hazard, you could be entitled to damages.
Sue a Restaurant for AssaultRestaurants that serve alcohol are legally responsible for not over-serving patrons and causing drunkenness. If an altercation at a restaurant occurs because a patron was over-served, it's possible to hold the restaurant accountable.
Sue a Restaurant for Workers CompensationNot all restaurant lawsuits are filed by patrons. In fact, there are many instances of workplace injuries where the employee has been denied a worker's compensation claim. Restaurant kitchens can be hectic places to work and if the establishment's owner doesn't carry workers' compensation insurance, problems are bound to arise.

How to File a Lawsuit Against Restaurants by Yourself

If you need to sue a restaurant to receive the compensation you deserve, there are several steps you will need to take. The process can be complicated for a non-expert to complete on their own, but it can be done.

First, you need to assemble all of your evidence and detailed information about your claim. It's a good idea at this stage to research similar lawsuits to yours to ensure you have a valid case. After you're certain that you do the next steps involve:

  • Establish pre-filing requirements, such as any depositions you will need to prepare
  • Send an informal final demand letter to the restaurant
  • File paperwork for a civil summons
  • Prepare to present your case in court

Dangers and Issues With Filing a Lawsuit by Yourself

Filing a lawsuit involves many steps and lots of complicated paperwork that must be filled out accurately. Even a small mistake can harm the chances of your case being seen by the court. If you do your research well, fill out all necessary paperwork correctly, and are given a court date, that's unfortunately still no guarantee that you will win. For these reasons, it's usually a good idea to get some kind of professional guidance when filing a lawsuit.

If you choose to file independently, you will have to consider factors such as:

  • What forms will you need and where to file them
  • How much evidence is sufficient
  • What claims will the restaurant make in its defense against you
  • What local laws or technical requirements are in place relating to your case

How to Sue a Restaurant With DoNotPay

If you've experienced hardship due to a bad restaurant experience, you don't have to immerse yourself in complicated paperwork and legal procedures to get the compensation you deserve. DoNotPay can show you exactly which paperwork you need to file your claim and help you complete it free of errors. We will walk you through all the steps you need to take to successfully sue any restaurant.

The process is simple:

  1. Log on to your account and select "Sue Now"
  2. Enter the dollar amount you are owed
  3. Select whether you need court filing forms or a demand letter
  4. Describe the reasons for the lawsuit and submit any relevant details, including photo proof

After you submit your information, DoNotPay generates your customized and accurate demand letter or court filing forms for you. DoNotPay can even mail a copy of your demand letter to the restaurant you're suing. You can relax knowing everything has been handled professionally and correctly. Let us make this challenging time as easy as possible for you, and get the results you deserve.

What Else Can DoNotPay Help With?

DoNotPay is a helpful tool in suing any company in small claims court without an attorney. Check out these companies that DoNotPay has helped sue:

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