When you go to a restaurant, you expect the food you are served to be safe. However, this does not always happen. The United States District Court of the Middle District of Florida heard a case related to food poisoning. If you get sick or injured at a restaurant, an experienced South Florida personal injury attorney can help you to hold the responsible parties accountable.
Standards of Negligence
In order to recover damages, plaintiffs must generally prove that their injuries were caused by another’s negligence. Negligence has several elements: first, the plaintiff must prove that the defendant owed them a duty of care. In order to owe someone a duty, you must have a certain kind of relationship. Businesses have a duty to their patrons to keep them reasonably safe and warn them of non-obvious hazards that they are aware of. Thus, proving that there was a duty of care should not be an issue in this case.
The second thing that must be proven is that the defendant breached their duty of care, which usually means that they acted unreasonably under all of the circumstances. Part of this element also requires that the plaintiff show evidence of what the standard of care for the particular industry or circumstances are. This can often be the most difficult part for plaintiffs as sometimes the business will be acting reasonably but accidents still happen.