Chinese hot pot is a popular form of Asian cuisine where hot stock is placed over a heating element on the table. Meat, vegetables, and other ingredients are placed alongside the hot pot, which diners dip directly into the simmering stock. Hot pots are served in Japan as well, and they go by a variety of names, including sukiyaki and shabu shabu.
California has a strong and thriving Asian population, and there are many hotpot / shabu shabu restaurants throughout the state. Unfortunately, accidents are common at these restaurants due to the amount of hot water, greasy food, and other hazards within the property. Burn injuries are especially common, along with slip and falls and trip and falls.
Injuries should never be part of a dining experience, but if you are in this situation, it’s essential to learn about your rights and legal options with an attorney. If you would like to discuss your case with a Chinese hot pot restaurant location accident injury attorney, contact us immediately to schedule a free consultation.
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Accidents at a Shabu Shabu or Chinese Hot Pot Restaurant
As we mentioned, various types of accidents can happen to people when they are at a restaurant. Incidents leading to injury happen in the entrance area, dining room, bathrooms, parking lot, and many other areas of the property.
By far, the most common accidents at a Chinese hot pot restaurant are:
- Slip and fall
– water, oil, greasy food, and many other substances can end on the floor and cause someone to slip. People can also slip and fall down due to poor lighting, uneven flooring, ice and snow, leaking appliances, and other dangerous conditions.
- Trip and fall
– Along with slipping on the ground or floor, customers can be injured from tripping over things like raised carpeting, debris on the floor, cords that are not properly secured, and cracks on the pavement.
- Hot boiling water burn injury
– water, cooking implements, and food at intensely high temperatures are a leading source of burn accidents at barbecue and hot pot restaurants. Wait staff have the highest duty of care when they place items on the table. In addition, owners must ensure that there are no malfunctions with the pots and heating sources that are used at the table.
Injuries to Customers at a Restaurant: Who is Responsible?
Those who were injured on a property other than their own often have questions about their legal rights, including who they can sue for their injuries. Liability for an accident at a restaurant is based on premises liability, which establishes the duties that a property owner has towards their customers.
Based on California’s premises liability law, here are the elements that must be proven in order to file a compensation claim against the restaurant owner:
- You were a customer, guest, or another type of individual that had a legitimate reason to be on the premises.
- The owner failed to maintain safe conditions on their property, and you had an accident as a result of their negligence.
- Your accident caused bodily harm, which resulted in monetary damages.
It can be very challenging to obtain evidence and put the pieces together to build a strong case if you were burned or fell down at a restaurant. For assistance from a Chinese hop pot or shabu-shabu accident injury attorney, please give us a call.
Workplace Injury Claims for Chinese Hot Pot Restaurant Employees
Are you a restaurant employee who was injured at work? Hot pot restaurant workers are prone to the same sorts of injuries as customers, and they are just as entitled to compensation for a workplace accident. In fact, it’s easier for workplace injury victims to receive payment, thanks to the workers’ compensation system.
Workers’ comp is a program that’s offered by the state of California to cover lost wages and medical expenses that are associated with an accident at your job. You don’t need to prove that anyone was at fault for the accident. However, you must report the accident to your employer immediately, as their insurance company will need to process your claim and issue the benefits you are eligible to receive.
Our lawyers are here for you if you are confused about the paperwork or any other aspect of a workers’ compensation claim. We can also help you sue your employer if they do not have workers’ comp insurance and are in violation of California’s labor laws. In addition, a workplace accident lawsuit attorney will help you explore other options for payment, like filing a claim with the state’s Uninsured Employers’ Benefit Trust Fund (UEBTF).
Average Settlement for a Restaurant Accident Claim
Compensation from an injury case against a restaurant is based on categories of payments, known as economic and non-economic damages. These generally include:
- Medical expenses
- Income lost from your job (lost wages)
- Pain and suffering
- Emotional distress
- Property damage
- Legal fees
If your case involves special circumstances, like severe, disabling injuries, you may receive other payments, like loss of consortium and punitive damages. However, some people will not qualify for every type of compensation listed above, as their injuries are relatively minor.
Our goal is to fight for the settlement you deserve, which may be in the range of $75,000 to $2,500,000 or more, based on our track record of recovery. The first step, however, is to figure out what your own lawsuit is worth, which we can discuss with you during a free, private consultation.
Statute of Limitations to Sue the Restaurant
Personal injury claims against a restaurant must be filed no later than two years from the date of the incident. Workers’ compensation claims, on the other hand, must be filed within one year. Failure to take legal action on time will likely cost you the right to a lawsuit, even if you have clear evidence that the restaurant is at fault for your accident. Please contact us right away and start the process for an injury claim if you’ve been burned or injured from a trip and fall or slip and fall at a restaurant.
What is the Estimated Time to get Paid on these Cases?
From start to finish, personal injury lawsuits can take anywhere from just a few weeks to over two years. Our goal is to negotiate directly with the restaurant’s insurance company and obtain a settlement award within 6 months. This may not be possible for a variety of reasons, including the company’s unwillingness to admit fault and offer you a fair settlement. In that case, we can move on to a lawsuit and continue to work towards a settlement, most likely with help from a certified mediator. Taking your case to trial is the last resort, and over 90% of lawsuits do not get to this point. But if a trial is necessary, our lawyers are more than ready to present your case in front of a judge and jury.
Speak to an Experienced Restaurant Accident Injury Attorney
Our legal team understands how an unexpected accident can turn your life upside down. That’s why we’ve been fighting for the rights of injury victims for over two decades. Though money doesn’t make everything right, it’s an essential remedy when someone is left with financial losses and emotional trauma due to another party’s negligence.
To ensure that victims have legal representation, we operate under a policy known as the Zero Fee Guarantee. This is our promise to you that you will not be charged any legal fees, no matter what happens with your case. Our fees come from the party you are suing, and that’s only if you receive compensation from an injury claim or lawsuit.
We are here for you day and night if you need a free case review as someone that was injured at a Chinese hot pot restaurant. Our law firm can also provide you with a free second opinion if you have an active case, but need advice from another attorney. Just contact our office to receive guidance from a legal expert that specializes in accident claims against restaurants.
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