Do I have grounds to file a suit after hitting my head a restaurant

I think this would be a difficult claim to make. Even if your wife was tall and the restaurant tries not to seat tall people in the arched booths, the arch was obvious and, outside of seating her there, nothing the restaurant did or didn't do had anything to do with your wife hitting her head on it. Also, your wife told the waitress that she was ok, which will make it harder for her to later say she wasn't really ok and was just too embarrassed to admit she was hurt. Finally, all claims on damages, and if your wife didn't seek medical treatment for this injury and incur treatment costs, her claim would be very limited, since pain and siuffering is usually a multiple of medical costs. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Your posting does not indicate any medical treatment for injuries and so no you have no case. A negligence case requires breach of duty and causally related documented damages. Lacking any one element, there is no case. This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

You would need to show that the restaurant maintained the premises in an unreasonably dangerous condition, which caused your wife to be injured. On the other hand, it would appear that the arch is open and obvious to anyone who looks, therefore, there probably will be a very significant component of comparative negligence here. If your wife has not sought and received medical care and treatment and you do not have any significant damages, this is probably not the type of case to bring suit on. Legal Disclaimer : Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

The other providers have given good responses. I will only amplify on their responses. Was it forseeable that somebody will hit their head on the arch? Was it an "unreasonably dangerous condition"? Was there a duty to put up a sign, warn, or use a contrasting color? Is there a defense, like "open and obvious condition"? These are some questions that apply to your case. As stated by the other contributors, even if you can make liability, you need injuries more significant than a minor bump on the head with no medical treatment and no on-going injuries. I wish you and your wife the best of luck, and hope that she is un-injured. Adam Sorrells Attorney Disclaimer: The above was not legal advice and cannot be relied on. For informational purposes only. Time is of the essence, do not delay seeking legal advice, pursuing your legal rights, and seeking medical treatment or opinion for your injuries.