Restaurants, bars, and fast-food locations deal with liquids, grease, and crowds every day. Floors near drink stations, kitchens, and restrooms are especially prone to hazards, and dim lighting and decorative steps add risk.
Common hazards
- Spilled drinks and ice near soda fountains and bars
- Grease tracked from kitchens into dining areas
- Wet restroom floors
- Unmarked steps, raised platforms, and changes in floor level
- Loose or torn carpet and mats
- Poorly lit entrances, patios, and parking areas
- Broken chairs, booths, or stools
- Icy or uneven sidewalks at the entrance
Unmarked steps and level changes
Many restaurants use raised seating areas, single steps, or decorative level changes that blend in with the floor. When a step is hard to see and isn’t marked or lit, a fall is foreseeable. Our firm has published a $120,000 settlement for a fall in a restaurant caused by an unmarked step (prior results do not guarantee a similar outcome).
When alcohol is involved
If you were hurt by an intoxicated patron—on the premises or later on the road—Indiana’s Dram Shop Act (IC 7.1-5-10-15.5) can allow a claim against the business that served the person, but generally only if the server had actual knowledge the person was visibly intoxicated. Partner Richard Bucheri, a former restaurant and bar owner, has particular experience in tavern liability cases, including a published Indiana Court of Appeals opinion on the subject.
Evidence that matters
Photograph the floor and lighting, note what was on the floor and where it came from, and identify servers or managers who saw the area. Many restaurants have cameras covering dining rooms, bars, and entrances; ask a lawyer to request that footage be preserved quickly.
Indiana law in brief
Customers and guests are generally invitees under Indiana law, owed reasonable care to keep the premises safe (Burrell v. Meads, 1991). Most claims must be filed within two years (IC 34-11-2-4), and Indiana’s modified comparative fault rules apply (IC 34-51-2). Government-owned property requires Tort Claims Act notice within 180 days (local) or 270 days (State). For the full overview, read our Indiana slip and fall lawyer page.
Frequently asked questions
Can I sue a restaurant for a slip and fall in Indiana?
Yes, if the restaurant knew or should have known about the hazard and failed to use reasonable care. Restaurants generally owe customers the duty owed to invitees.
Is a bar responsible if a drunk customer hurt me?
Possibly. Under Indiana’s Dram Shop Act, a business that furnished alcohol may be liable if it had actual knowledge the person was visibly intoxicated and the intoxication caused the injury.
What if the step was “obvious” according to the restaurant?
Whether a hazard was obvious is usually weighed as part of comparative fault, along with lighting, markings, and distractions.
Sources
- IC 34-11-2-4 — official heading: “Injury or forfeiture of penalty actions.” An action for injury to a person or to personal property generally must be started within two years after the cause of action accrues.
- IC 34-51-2 — official heading: “Chapter 2. Compensatory Damages: Comparative Fault.” Indiana’s comparative fault chapter: a claimant’s own fault reduces damages in proportion, and recovery is barred if the claimant’s fault is greater than the combined fault of everyone whose fault contributed (sections 5 and 6).
Indiana Code links open the official chapter PDF from the Indiana General Assembly (2026 Code); federal rules link to the current eCFR text.
More official links: Indiana accident resources · Indiana crash statistics · How to get your crash report
General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.