Restaurant Injuries

Restaurant Injury Attorneys in Michigan

You go out to eat at a place in Greektown or a chain restaurant on Telegraph, and the last thing you expect is to leave in an ambulance. But restaurant injuries happen more often than people think — wet floors with no warning signs, scalding beverages served at unsafe temperatures, broken chairs that collapse, food contamination that sends you to the ER. When a restaurant's negligence injures you, they're liable under Michigan premises liability law, and their insurance carrier knows it.

Koussan Law represents restaurant injury victims throughout Michigan. We handle everything from slip-and-fall cases at fast food chains to serious burn injuries at sit-down restaurants.

Premises Liability in Restaurant Settings

Under MCL § 600.2949a, restaurant owners owe their customers — who are "invitees" under Michigan law — the highest duty of care. That means they must inspect the premises regularly, fix known hazards promptly, and warn customers of any dangerous conditions they're aware of. A wet floor from a recent mopping, a grease spill near the kitchen entrance, or a broken tile in the restroom are all conditions the restaurant has a duty to address immediately.

The open-and-obvious defense comes up in almost every restaurant slip-and-fall case. The restaurant's insurer will argue that the hazard was visible and you should have avoided it. But Michigan courts have recognized that the open-and-obvious doctrine doesn't apply when the hazard is "effectively unavoidable" — like a wet floor in a narrow hallway between the dining area and restrooms where there's no alternative path.

Food-Related Injuries

Beyond slip-and-falls, restaurants cause injuries through the food itself: coffee or soup served at temperatures that cause third-degree burns, foreign objects in food (glass, metal, plastic), foodborne illness from improper food handling or storage, and allergic reactions when staff fails to disclose ingredients despite being told about allergies. Michigan law holds restaurants to the standard of a reasonable food service operator, and failure to follow health code regulations (enforced by local health departments under the Michigan Food Law, MCL § 289.1101 et seq.) is strong evidence of negligence.

Evidence Preservation Matters

Restaurant injury cases are time-sensitive for evidence. Surveillance footage gets overwritten — sometimes within 24-48 hours. Cleaning logs and incident reports disappear. The employee who witnessed your fall gets transferred or quits. We send preservation demand letters to the restaurant and its management company immediately upon engagement, and we've obtained court orders compelling production when restaurants tried to "lose" their footage.

Statute of Limitations

You have three years from the date of your restaurant injury to file a lawsuit under MCL § 600.5805. But waiting even weeks to get an attorney involved can mean lost evidence. If you were injured at a restaurant in Michigan, call (313) 800-0000 right away. We'll handle the restaurant's insurer, preserve the evidence, and build your case.

Use our free case calculator for a preliminary estimate of your claim value.