I was at a restaurant when the chair I was sitting on suddenly collapsed. The doctor said I now need physical therapy for my back. I am also missing time from work as a result. Do I have a claim?
Yes, you do have a claim. In a prior post, I introduced the concept of res ipsa loquitor. In that prior post, res ipsa loquitur was a possible way to prove negligence against a surgeon who might have left an instrument or surgical sponge in a patient following surgery. But the doctrine of res ipsa loquitur is not just applicable to surgical cases.
Elements of Res Ipsa Loquitor
There are three basic elements of res ipsa loquitur: (1) the event must be of a kind that ordinarily does not occur in the absence of someone’s negligence; (2) it must be caused by an agency or instrumentality within the exclusive control of the defendant; and (3) it must not have been due to any voluntary action or contribution on the part of the injured party.
In this particular case, chairs in restaurants are made for sitting by patrons. Chairs do not collapse absent someone’s negligence. Second, the chair you sat on was not something you brought to the restaurant. It was in the exclusive control of the restaurant. Finally, you just sat in the chair. You did not jump up and down on it or try to slam it against the floor. You did nothing to cause the chair to collapse.
Thus, you can argue to a jury that given these factors, the restaurant should be responsible for your injuries. Finocchio v Crest Hollow Club at Woodbury, Inc., 184 AD2d 491, 584 NYS2d 201 (2d Dept 1992); Draper v State, 196 AD3d 744, 151 NYS3d 218 (3d Dept. 2021)
With some types of defects the injured party must worry about proving negligence directly. Some cases, like slip and fall accidents, require direct proof. For example, an injured party would have to show a floor was slippery and the store owner should have known about the condition. Sometimes proving notice is nearly impossible. But res ipsa loquitur means that you can prove your case just by showing the three elements discussed.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.