Is a restaurant/establishment liable if someone is injured in the premises?

I know someone who is using a restaurant to teach a stretch class, they are not paying rent to the restaurant, they are just having lunch the instructor and clients and then using a section of the establishment to do an hour stretch class, the instructor keeps the fee. The instructor also uses the restaurant’s chairs as part of the class routine. Should a participant fall and injure themself who is liable?

Asked on June 21, 2016 under Personal Injury, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The restaurant would only be liable if the injury was due to their negligence or carelessness, such as in having a dangerous condition on premises (like a loose stair or railing, or ragged, torn carpeting, which causes someone to trip/fall). The instructor would be liable only if the injury was due to his or her carelessness or bad instruction, like advising someone to use a chair as an exercise device, which chair is  not designed for that purpose and which causes an injury owing to its unsuitability (e.g. breaking when weight placed on it in a way the chair was not intended to hold). If no one was at fault, then no one would be liable.


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