Restaurant Injury Lawyer

Summary

Eric Ramos Law, PLLC represents restaurant and bar accident victims across San Antonio and Texas, handling slip and falls, food poisoning, burns, and dram shop claims under premises liability law. The firm holds restaurant owners, franchisors, and suppliers accountable, works on contingency fee, and offers a free consultation.

Key Takeaways

Eric Ramos Law, PLLC represents restaurant and bar accident victims throughout San Antonio and Texas
Handles slip and falls, food poisoning, allergic reactions, burns, foreign objects in food, and broken furniture claims
Restaurant injury claims are treated as premises liability cases, with potential product liability claims against food suppliers or equipment manufacturers
Texas Dram Shop Act holds bars and restaurants liable for overserving intoxicated patrons who later cause harm
Liable parties can include the restaurant owner, franchisor, employees, food suppliers, or manufacturers
Texas follows a two-year statute of limitations (including dram shop claims) and a modified comparative fault rule
The firm works on a contingency fee basis with a free consultation — no fee unless they win

A meal out should not send you to the hospital. When a restaurant leaves a floor wet, serves contaminated food, or overserves a patron who then hurts someone, the people who pay the price deserve accountability. A San Antonio personal injury attorney at Eric Ramos Law, PLLC can help. We represent diners, guests, and others hurt because a restaurant or bar puts speed and profit over safety, and we take on the owners, brands, and insurers so you can focus on healing. You pay no fee unless we win your case.

Restaurant Injury Lawyers Who Hold Businesses Accountable

Restaurants owe their customers a safe place to eat, from dry floors and sturdy chairs to clean kitchens and responsible alcohol service. When they cut corners, the harm can range from a broken wrist to a life-threatening illness. We investigate what went wrong, identify every party at fault, and build a claim that reflects the full cost of the harm done.

The danger is bigger than most diners realize. The Centers for Disease Control and Prevention estimates that 48 million Americans, about 1 in 6, get sick from contaminated food each year, that 128,000 are hospitalized, and that 3,000 die. Add slip-and-fall injuries, burns, and drunk driving crashes tied to overservice, and restaurants account for a large share of preventable harm.

For more than 45 years of combined experience, our attorneys have helped injured Texans hold negligent businesses accountable, and our case results reflect that work. We handle restaurant claims across the full range of personal injury matters with the personal attention of a firm that is big enough to win and small enough to care.

Common Restaurant Accidents and Hazards in Texas

Restaurant injuries take many forms, and each one points to a different failure by the people who run the business. These are the cases we handle most often:

Hazard	How It Happens	Typical Injuries
Slip and fall	Spilled food or drinks, wet or greasy floors	Fractures, head and back injuries
Food poisoning	Undercooked, contaminated, or mishandled food	Nausea, dehydration, organ damage
Allergic reactions	Undisclosed allergens or cross-contamination	Hives, swelling, anaphylaxis
Burns	Hot food, drinks, grease, or tableside cooking	Scalds and severe burns
Foreign objects in food	Glass, metal, or bone in a dish	Dental injuries, choking, cuts
Broken furniture	Faulty chairs, stools, or booths	Fractures, head injuries

Free Case Evaluation
For immediate assistance, please call us at (210) 404-4878.

Who Is Liable for a Restaurant Injury in Texas

A restaurant injury is a premises liability case, which means the business that controls the property can be held responsible when unsafe conditions cause harm. Many restaurants are run by more than one party: a national brand may franchise its name to a local owner, who then depends on managers, staff, and food suppliers.

Sorting out who caused the harm is central to the claim. When a wet floor or broken fixture is to blame, our premises liability team pursues the owner, and when tainted food or a defective appliance caused the harm, we may bring a product liability claim against a supplier or manufacturer. The table below shows the parties we most often hold accountable.

Party That May Be Liable	When They May Be Responsible	Example
Restaurant owner or operator	Unsafe conditions on the premises	A wet floor with no warning sign
Franchisor (the brand)	Control over the practices that caused harm	Standards that led to the hazard
Employee or manager	Negligent food handling or service	Served food known to be spoiled
Food supplier or distributor	Contaminated product delivered to the kitchen	Tainted produce behind an outbreak
A bar or restaurant that overserved	Serving a drunk patron who then causes harm	A dram shop claim after a DUI crash
Manufacturer	A defective appliance or piece of furniture	A chair that collapsed under a guest

Food Poisoning and Foodborne Illness Claims

When you eat out, you trust the kitchen to handle food with care. Foodborne illness is far more common than most people think, and it can turn dangerous fast, most of all for children, older adults, and anyone with a weakened immune system. Restaurants are one of the most common sources of these outbreaks, whether from undercooked meat, poor refrigeration, cross-contamination, or a sick employee handling food.

Proving a foodborne illness claim takes fast work. We gather the health department’s inspection and outbreak records, medical and lab results that tie your illness to a specific germ, and evidence of how the restaurant stored and prepared its food. If you saved any of the food, its packaging, or a receipt, keep it, because it can become powerful proof. Serious cases can lead to hospital stays, kidney failure, and lasting harm, and we pursue the full value of what you have been through.

Texas Dram Shop Law: When a Restaurant Overserves

Texas holds bars and restaurants responsible when they overserve. Under the Texas Dram Shop Act, a business that serves alcohol to a patron who is drunk to the point of being a clear danger can be held liable when that patron then hurts someone, most often in a drunk driving crash. To recover, the victim must show that the patron was served in that condition and that the intoxication was a proximate cause of the harm.

These claims can hold a restaurant accountable alongside the drunk driver, which matters most when the driver’s own insurance falls far short of the losses. A restaurant may raise a safe harbor defense if it required its servers to complete approved training, so building a strong dram shop case takes careful proof. If you were hit by a drunk driver who had just left a bar or restaurant, our car accident team can investigate where the alcohol was served and who should answer for it.

Common Injuries in Restaurant Accidents

Restaurant accidents can cause anything from a bad night to a lasting disability. The injuries we handle most often include:

Broken bones and fractures: A slip on a greasy or wet floor sends diners down hard, often breaking wrists, hips, and ankles.
Traumatic brain injuries: A fall onto tile or a hard floor can cause a concussion or worse. We work with medical experts to document the full scope of brain injury claims.
Back and neck injuries: A sudden fall can herniate discs and cause lasting pain. Learn how we handle back and neck injury claims.
Spinal cord injuries: A serious fall can damage the spine and lead to paralysis. Our team pursues the resources that serious spinal cord injuries demand.
Burns: Hot plates, drinks, grease, and tableside flames can leave scald and contact burns that scar.
Foodborne illness and organ damage: Severe food poisoning can cause dehydration, kidney failure, and long-term health problems.
Catastrophic and fatal injuries: Some restaurant accidents change a life for good or take one. See our approach to catastrophic injury claims.

Who Can File a Restaurant Injury Claim in Texas

We represent everyone a restaurant or bar accident can harm:

Diners and customers: People hurt by a fall, a burn, contaminated food, or another hazard while eating out.
Guests and visitors: People meeting friends, waiting in line, or picking up an order who are hurt on site.
Children: Kids injured by a hazard a restaurant failed to guard.
People hurt by an overserved patron: Those harmed in a crash or assault caused by a customer the restaurant overserved.
Families who lost a loved one: Surviving relatives can bring a wrongful death claim after a fatal restaurant accident.

What to Do After a Restaurant Injury in Texas

The steps you take after a restaurant injury protect both your health and your claim. Follow these steps:

Get medical care right away, and ask your doctor to test for a foodborne illness if you suspect one, so the cause is on record.
Report the injury to a manager and ask for a written incident report and a copy for yourself.
For a suspected food poisoning case, report it to the local health department and keep any leftover food, packaging, or receipt.
Photograph the hazard and the scene, including any spill, wet floor, or broken chair, and keep your receipt.
Get names and contact details for staff and any witnesses.
Do not give a recorded statement to the restaurant or its insurer before you speak with a lawyer.
Call our team as soon as you can, because kitchen records and surveillance video do not last long.

Compensation in a Texas Restaurant Injury Claim

A restaurant injury can bring medical bills, lost income, and a hard recovery. Depending on your case, you may be able to recover several types of damages, including medical bills and future care, lost wages and lost earning capacity, and pain and suffering. In a fatal case, a family may recover funeral costs and the loss of support and companionship, and gross negligence can support additional damages. We calculate the full value of the harm and press the responsible parties through the settlement negotiation process, then take the case to trial if the offer falls short.

Texas Personal Injury Law: Deadlines That Affect Your Restaurant Injury Claim

Texas gives injury victims a limited window to act. Under Texas law, you have two years from the date of the injury to file a personal injury lawsuit in most cases, and the same two-year deadline applies to most dram shop claims. You can read more in our overview of the statute of limitations for Texas injury claims. Texas also follows a modified comparative fault rule, so you can recover as long as you are not more than 50 percent at fault, with your award reduced by your share of the blame. Because health records, inspection reports, and surveillance video disappear fast, the safest step is to call us as soon as you can.

WHY CHOOSE OUR FIRM

graphic showing symbolic representations of respect, compassion, and results

Why Choose Eric Ramos Law, PLLC

Trial-ready reputation: Insurance companies keep records of which firms will take a case to court, and ours is one of them. We prepare every claim as if it will go before a jury, and that readiness gives us leverage at the negotiating table.
Decades of experience: With more than 45 years of combined experience, our attorneys have stood up to national brands, business owners, and their insurers. Attorney Eric Ramos is a member of the State Bar of Texas, the San Antonio Trial Lawyers Association, and the American Bar Association.
We prove the source: Food poisoning and dram shop cases turn on evidence. We gather health department records, lab results, and service records to connect your harm to the restaurant.
We move fast on evidence: Surveillance video, kitchen logs, and incident reports can vanish in days, so we send preservation letters and gather proof before it is gone.
No fee unless we win: We believe justice should not depend on your bank account, so we work on a contingency fee: you pay nothing upfront, and we collect a fee only if we recover money for you. Your first consultation is free.
Personal attention in English and Spanish:Eric Ramos handles cases himself rather than passing clients to a settlement mill, and we serve both English and Spanish-speaking clients. From your first call to your final settlement, you work with attorneys who know your name.

Texas Communities Our Restaurant Accident Lawyers Serve

Eric Ramos Law, PLLC represents restaurant accident victims throughout San Antonio and across Texas in Austin, San Marcos, New Braunfels, Midland, McAllen, Alamo Heights, Stone Oak, and Laredo.

We also serve the neighborhoods and dining districts within and around San Antonio where restaurant accidents most often occur, including Downtown San Antonio (78205) near the River Walk restaurant scene, the Pearl District (78215) known for its dining and nightlife, Stone Oak (78258) along the US-281 restaurant corridor, The Rim / La Cantera (78257) dining centers, and Alamo Heights (78209) along the Broadway restaurant strip, providing dedicated legal representation for restaurant accident victims across every neighborhood and commercial zone in Bexar County.

Talk to a Texas Restaurant Injury Lawyer Today

If you or someone you love was hurt at a restaurant or bar, we are ready to help. Whether it was a slip and fall on a wet kitchen floor, a burn from hot food or beverages, or an injury caused by an overserved and aggressive patron, restaurant and bar owners have a legal duty to keep their premises safe for every guest who walks through the door.

Call us now at (210) 404-4878 or contact Eric Ramos Law today for a free, no-obligation consultation and find out what your case could be worth. You pay nothing upfront, and you owe us nothing unless we win your case.

Eric Ramos Law, PLLC

Personal Injury Lawyer San Antonio

Office Address

40 NE Interstate 410 Loop #102, San Antonio, TX 78216, USA

Phone Number

(210) 404-4878

Business Hours

Monday: Open 24 hours

Tuesday: Open 24 hours

Wednesday: Open 24 hours

Thursday: Open 24 hours

Friday: Open 24 hours

Saturday: Open 24 hours

Sunday: Open 24 hours

Frequently Asked Questions

Can I sue a restaurant for food poisoning?

Yes, if the restaurant’s negligence made you sick. The challenge is proof, since foodborne illness can take hours or days to appear. We use health department records, medical testing, and any food or receipts you kept to link your illness to the restaurant, and we handle the investigation for you.

How do I prove a restaurant caused my food poisoning?

The strongest cases combine medical testing that identifies the germ, a link to the restaurant through timing and what you ate, and outside evidence such as a health department inspection or other diners who got sick from the same place. We know how to gather and connect this proof.

Can a bar or restaurant be held responsible for a drunk driver?

Yes. Under the Texas Dram Shop Act, a business that serves alcohol to a patron who is drunk and a clear danger and who then causes a crash can be held liable for the harm. If you were hurt by a drunk driver who had just left a bar or restaurant, we can investigate where the alcohol was served.

What should I do after a slip and fall at a restaurant?

Get medical care, report the fall to a manager and request an incident report, and photograph the hazard and the scene before it is cleaned up. Get witness contact information, keep your receipt, and call a lawyer before giving any statement to the restaurant’s insurer.

How long do I have to file a restaurant injury claim in Texas?

Most Texas injury claims, including dram shop claims, carry a two-year deadline from the date of the injury. Evidence disappears much sooner, so it is best to call as soon as you can.

How much does a Texas restaurant injury lawyer cost?

Nothing upfront. We work on a contingency fee, so we get paid only if we win your case, and your first consultation is free.

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