Slip-and-Fall Claims at Restaurants: How General Liability Actually Responds

Slip-and-fall claims are one of the most common liability exposures restaurants face. They can happen near the entrance on a rainy day, in the dining room after a spill, in the kitchen when a server rushes through, or even in the parking lot.

If you operate a restaurant, someone will eventually slip, trip, or fall on your premises. The question isn't if it will happen, but how your general liability insurance will respond when it does.

At Anchor Insurance, we help restaurant owners understand exactly how general liability handles slip-and-fall claims, what factors affect whether a claim is covered, and what you can do to minimize risk and keep your premiums manageable.

How General Liability Responds to Slip-and-Fall Claims

When someone slips and falls at your restaurant, your general liability policy is designed to cover:

• Medical expenses for the injured party (often a small amount paid quickly, known as medical payments coverage)
• Legal defense costs if the injured party files a lawsuit
• Settlement or judgment amounts if you're found liable, up to your policy limits (typically $1 million per occurrence)

Most general liability policies cover slip-and-fall claims under the bodily injury section, which is part of premises and operations liability.

What Triggers Coverage?

For your general liability insurance to respond, the claim must meet a few basic conditions:

1. 1.
   The injury happened on your premises or because of your operations (e.g., a customer falls in your dining room, or a delivery person slips in your kitchen)
2. 2.
   The injured party is a third party, not your employee (employee injuries are covered by workers' compensation, not general liability)
3. 3.
   The claim is made during your policy period or reported within the extended reporting period if you have tail coverage

Medical Payments Coverage vs. Bodily Injury Liability

Most general liability policies include two types of coverage for slip-and-fall claims:

1. Medical Payments (Med Pay): A small sublimit (often $5,000 to $10,000) that pays for immediate medical expenses, regardless of who was at fault. This is a goodwill payment designed to settle minor claims quickly without litigation.

Example:

A customer slips on a wet floor, goes to urgent care, and has a $1,200 bill. Your carrier pays it under Med Pay, and the customer signs a release. No lawsuit, no fuss.

2. Bodily Injury Liability: This is your main coverage and kicks in when someone alleges you were negligent and caused their injury. It covers legal defense, settlements, and judgments up to your policy limits (typically $1 million per occurrence, $2 million aggregate).

Example:

A customer falls, breaks their hip, has surgery, and files a lawsuit claiming your restaurant failed to put up a wet floor sign. Your carrier hires a lawyer, investigates the claim, and either settles or defends you in court.

What Makes a Slip-and-Fall Claim Defensible (or Not)

Not every slip-and-fall claim results in a payout. Insurance carriers and defense attorneys evaluate claims based on several factors:

Common Restaurant Slip-and-Fall Scenarios

Here are some of the most frequent slip-and-fall situations we see in restaurants, and how general liability typically responds:

Wet Floors After Mopping or Spills

Scenario: Your staff mops the dining room floor after a lunch rush. A customer walks in and slips before anyone can put up a wet floor sign.

Coverage: Likely covered. Your general liability carrier will investigate whether your staff acted reasonably, but most policies will respond to this type of claim.

Prevention tip: Always use wet floor signs immediately when mopping or cleaning spills, and train staff to spot and address spills quickly.

Entrance Mats on Rainy or Snowy Days

Scenario: It's raining heavily, and customers track water into your vestibule. Someone slips on the wet tile near the host stand.

Coverage: Likely covered, though the carrier will look at whether you had mats in place and whether staff were monitoring the area.

Prevention tip: Use commercial-grade slip-resistant mats at all entrances, and have staff check high-traffic areas more frequently in bad weather.

Uneven Flooring or Torn Carpet

Scenario: A section of carpet near the bar is frayed and buckled. A customer trips and injures their knee.

Coverage: Likely covered, but this is a tougher claim to defend if you knew about the hazard and didn't fix it.

Prevention tip: Regularly inspect floors, carpets, and walkways. Document repairs in a maintenance log.

Parking Lot or Sidewalk Falls

Scenario: A customer trips on a crack in your parking lot asphalt and breaks their wrist.

Coverage: Covered if you own or control the parking lot. If you lease the property, your landlord's insurance may also be involved, depending on your lease terms.

Prevention tip: Inspect parking lots and walkways regularly, especially after winter. Fill cracks and potholes promptly.

What Happens After a Slip-and-Fall Claim Is Reported

If a customer or visitor falls and reports an injury, here's what typically happens:

1. 1.
   You report the incident to your insurance carrier as soon as possible (delays can hurt your defense)
2. 2.
   The carrier assigns a claims adjuster to investigate
3. 3.
   The adjuster gathers evidence: incident reports, witness statements, photos, video footage, maintenance logs
4. 4.
   The carrier evaluates liability and decides whether to settle, deny, or defend the claim in court
5. 5.
   If the claim goes to litigation, your carrier provides legal defense (usually at no additional cost to you, depending on your policy)

Your job is to preserve evidence, document the scene, and cooperate fully with the adjuster. Never admit fault or make promises to pay medical bills out of pocket.

How to Minimize Slip-and-Fall Risk

While general liability insurance protects you financially, the best strategy is to reduce your slip-and-fall exposure in the first place. Here are practical steps:

• Use slip-resistant flooring in kitchens, entryways, and restrooms
• Place commercial-grade mats at all entrances, especially in wet weather
• Train staff to spot and clean spills immediately, and to use wet floor signs
• Conduct regular inspections of floors, walkways, parking lots, and lighting. Document them in a log.
• Fix known hazards promptly - don't let frayed carpet or broken tiles linger
• Install adequate lighting in all customer-accessible areas
• Keep incident reports for every fall, even if the person says they're fine. This creates a record if they later file a claim.

Frequently Asked Questions

Does general liability cover slip-and-fall claims?

Yes. Slip-and-fall claims are one of the most common types of claims covered under general liability insurance. Your policy will typically cover medical expenses, legal defense, and settlements or judgments if you're found liable.

What if the injured person was an employee, not a customer?

If the injured person is your employee, general liability won't cover it. Employee injuries are covered by workers' compensation insurance, which is legally required in most states.

How much does a slip-and-fall claim typically cost?

Costs vary widely. Minor claims may settle for a few thousand dollars under medical payments coverage. More serious claims involving fractures, surgeries, or permanent injuries can result in settlements or judgments ranging from $50,000 to several hundred thousand dollars, depending on the severity and jurisdiction.