What Is a Restaurant and Hotel Injury Case?

Injured at a restaurant or hotel? Hospitality businesses owe guests a high duty of care. From wet floors to unsafe staircases to foodborne illness, our attorneys hold negligent establishments accountable.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Restaurant and Hotel Injury Lawyers in Georgia & South Carolina

Restaurants, hotels, resorts, and other hospitality businesses welcome millions of guests each year. As commercial establishments that invite the public onto their premises for mutual benefit, they owe their guests a high duty of care under premises liability law. When restaurants and hotels fail to maintain safe conditions — whether through slippery floors, unsafe stairways, defective furniture, or inadequate security — guests can suffer serious, life-altering injuries.

At Roden Law, our premises liability attorneys represent guests injured at restaurants, hotels, resorts, and other hospitality venues throughout Georgia and South Carolina. We hold both the business operator and the property owner accountable for unsafe conditions.

Common Restaurant Injury Hazards

Restaurant injuries frequently involve:

  • Wet and greasy floors: Kitchen grease, spilled drinks, tracked-in rainwater, and freshly mopped floors without adequate warning signs — the leading cause of restaurant slip and fall claims
  • Uneven flooring and transitions: Carpet-to-tile transitions, raised thresholds, steps without handrails, and damaged flooring
  • Defective furniture: Broken chairs, unstable tables, and collapsing booths that cause falls or injuries
  • Burns: Hot surfaces, scalding beverages, flaming desserts, and hot plates served without adequate warning
  • Foodborne illness: Undercooked food, cross-contamination, allergen exposure, and health code violations
  • Falling objects: Unsecured décor, ceiling fixtures, or shelving that falls onto guests

Common Hotel Injury Hazards

Hotel injuries present unique risks due to the 24-hour nature of the business and guests’ unfamiliarity with the property:

  • Bathroom falls: Slippery bathtubs, showers without grab bars or non-slip surfaces, wet bathroom floors, and inadequate lighting
  • Balcony and railing failures: Inadequate or broken balcony railings, especially dangerous at upper-floor rooms
  • Swimming pool accidents: See our swimming pool accident page for detailed information on pool safety and liability
  • Elevator and escalator malfunctions: Mechanical failures causing falls, entrapment, or crushing injuries
  • Bed bug infestations: Failure to inspect, treat, and eradicate bed bug infestations causing physical and emotional harm
  • Carbon monoxide exposure: Malfunctioning heating systems and poor ventilation
  • Security failures: Assaults, robberies, and sexual assaults resulting from inadequate security measures

Premises Liability Law for Hospitality Businesses

Under Georgia law (O.C.G.A. § 51-3-1), restaurants and hotels must exercise ordinary care to keep their premises safe for guests. South Carolina imposes a similar duty. Because guests are invitees, the business must proactively inspect the property, discover hazards, and correct them promptly — or provide adequate warnings.

Hotels have an especially high duty because guests are sleeping on the premises and are particularly vulnerable during overnight hours. Georgia courts have recognized that innkeepers have an elevated responsibility for guest safety.

Multiple Liable Parties

Restaurant and hotel injury cases often involve multiple defendants:

  • The business operator (franchisee or management company)
  • The property owner (if different from the operator)
  • The franchisor (in franchise hotel/restaurant cases where the brand sets safety standards)
  • Maintenance contractors responsible for cleaning, repair, or snow/ice removal
  • Third-party security companies

Compensation for Restaurant and Hotel Injuries

Injured guests may recover all medical expenses, lost wages and earning capacity, pain and suffering, emotional distress, and travel-related losses. Both Georgia and South Carolina allow full compensatory damages under their respective tort laws, and punitive damages may be available where the business demonstrated egregious disregard for guest safety.

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What to Do After A restaurant and hotel injury

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Restaurant and Hotel Injury Case

To win a personal injury case involving a restaurant and hotel injury, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Restaurant and Hotel Injury Cases

Victims of a restaurant and hotel injury injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Restaurant and Hotel Injury Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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Roden Law Restaurant and Hotel Injury Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated April 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
Verdict $10,860,000 $10,860,000 Verdict | Product Liability
Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Restaurant and Hotel Injury Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.