BSPE Legal Marketing Podcast

Can You Sue a Bar or Restaurant After an Injury in NYC? - Samantha Kucher

Samantha Kucher Season 3 Episode 350

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0:00 | 4:01

From Kucher Law Group - Can You Sue a Bar or Restaurant After an Injury in NYC? breaks down when injured patrons can pursue a claim after getting hurt at a Brooklyn bar or New York City restaurant. This episode walks through New York premises liability and the duty of care bars and restaurants owe—safe floors, adequate lighting, properly prepared food, secure furniture and fixtures, and reasonable security—plus what it means when an establishment’s negligence causes or contributes to an injury in NYC.

You’ll hear how a premises liability case is built using the four negligence elements—duty of care, breach, causation, and damages—with real-world scenarios like spilled drinks, broken glass, uneven tiles, loose rugs, dim lighting, and preventable hazards that lead to slip-and-falls. We also cover common harm in hospitality settings, including slips, trips, and falls, burns from hot beverages or food, food poisoning tied to sanitation failures under the New York City Health Code and state Department of Health rules, cuts and lacerations, and assaults tied to inadequate security.

The conversation then turns to alcohol-related liability under New York’s dram shop statutes—General Obligations Law § 11-101 and GOL § 11-100—including what illegal service can look like (serving someone under 21 or visibly intoxicated) and the kind of proof that matters, such as witness accounts of slurred speech or stumbling and possible security footage. You’ll also learn how pure comparative negligence under CPLR § 1411 can reduce (but not eliminate) compensation if you were partly at fault, and what damages may be available—medical expenses, lost wages, loss of earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Finally, Kucher Law Group outlines practical next steps: report the incident to management, request an incident report, document the scene, gather witness contact info, and seek prompt medical care—whether at NYC Health + Hospitals/Kings County (451 Clarkson Avenue) or Maimonides Medical Center (4802 10th Avenue). You’ll also get a clear timeline on the filing deadline under CPLR § 214 (generally three years), key exceptions for minors and government claims (including notice-of-claim issues), and how cases may proceed in Kings County Supreme Court (360 Adams Street)—with insights from Samantha Kucher, Michael Roitman, and Alex Rybakov, and Kucher Law Group’s offices at 463 Pulaski Street and 26 Broadway, 27th Floor serving Kings County, Manhattan, and the Bronx.


Kucher Law Group

463 Pulaski St #1c, Brooklyn, NY 11221, United States

(929) 563-6780

https://www.google.com/maps?cid=5716384493669715397