Introduction

Outdoor dining has become a staple of New York City’s restaurant culture, offering a vibrant atmosphere for diners. However, with outdoor seating comes risk—especially when it comes to car accidents involving outdoor dining areas.

Whether you’re a restaurant owner, a patron, or a driver, understanding liability and legal rights in these situations is crucial. At Lockamy & Associates, we help victims of outdoor dining accidents seek justice and hold negligent parties accountable. Here’s what you need to know.

Outdoor Dining & Premises Liability: Who’s Responsible?

When a restaurant sets up outdoor seating, it takes on legal responsibility for maintaining a safe space for customers. This falls under New York premises liability laws, which require businesses to protect patrons from foreseeable hazards.

Potential Hazards That Can Lead to Liability:

• Lack of Protective Barriers – No barriers between traffic and diners

• Dangerous Locations – Seating placed too close to busy streets

• Poor Lighting – Reducing visibility for both pedestrians and drivers

• Slippery Surfaces – Uneven pavement or spills creating fall risks

If a restaurant fails to implement proper safety measures, they may be liable if an accident occurs.

Can a Restaurant Be Held Liable for an Outdoor Dining Car Accident?

Restaurants aren’t automatically responsible if a car crashes into their outdoor dining area. However, liability often depends on whether the accident was foreseeable and if the restaurant took reasonable precautions.

Examples of Potential Restaurant Liability:

✅ No safety barriers – If a restaurant places seating directly in harm’s way, they could be held responsible.

✅ Ignoring prior incidents – If accidents previously occurred in the same area, and the restaurant failed to add safety measures, liability increases.

✅ Improper seating placement – If tables and chairs are positioned dangerously close to traffic, a restaurant may share fault for injuries.

When the Restaurant May Not Be Liable:

❌ If the driver was speeding, intoxicated, or reckless

❌ If the restaurant had proper barriers and lighting but an accident still occurred

❌ If the city or local government failed to regulate the outdoor dining area safely

Every case is different, and an experienced personal injury attorney can help determine who is responsible.

What Happens When a Car Crashes into an Outdoor Dining Area?

Unfortunately, New York has seen an increase in accidents where vehicles have crashed into outdoor dining spaces, often resulting in serious injuries or tragic fatalities.

Possible Causes of Outdoor Dining Accidents:

• Distracted Driving – A driver looking at their phone instead of the road

• Drunk or Impaired Driving – Alcohol-related crashes are a major factor

• Pedal Errors – Pressing the wrong pedal or accidentally accelerating

• Poor Street Design – Lack of protective infrastructure in high-traffic areas

When these accidents occur, determining who is at fault is critical for injury claims.

Determining Fault in an Outdoor Dining Accident

Who Could Be Responsible?

✔ The Driver – If the driver was speeding, distracted, or intoxicated, they may be fully liable for the accident.

✔ The Restaurant Owner – If the dining area was set up without proper safety measures, they may share partial responsibility.

✔ The City or Local Government – If a poorly designed street contributed to the accident, the city may hold liability for failing to ensure safety.

Key Evidence in Determining Fault:

✅ Surveillance Footage – Security cameras may capture the moment of impact

✅ Eyewitness Testimonies – Statements from diners, staff, and bystanders

✅ Accident Reports – Police findings on driver behavior & road conditions

✅ Medical Records – Documenting injuries caused by the crash

Because New York follows comparative negligence laws, multiple parties can share responsibility, impacting how compensation is awarded.

What Compensation Can Victims Receive?

If you or a loved one has been injured in an outdoor dining accident, you may be entitled to compensation for:

💰 Medical Expenses – Emergency care, surgeries, physical therapy

💰 Lost Wages – If the injury prevents you from working

💰 Pain & Suffering – Emotional trauma and long-term physical pain

💰 Property Damage – Covering personal belongings destroyed in the crash

💰 Wrongful Death – Compensation for families who lost a loved one due to negligence

Each case is unique—an experienced attorney will assess the full impact of the accident to maximize your claim.

How Insurance Companies Handle Outdoor Dining Accidents

After an accident, insurance companies will try to minimize payouts—whether you’re filing a claim against a driver, a restaurant, or the city.

Common Insurance Company Tactics:

❌ Blaming the Victim – Claiming you were “in the wrong place at the wrong time”

❌ Downplaying Injuries – Offering low settlements for serious medical conditions

❌ Delaying Payments – Stalling in hopes that victims accept a lowball offer

Never accept an insurance offer without speaking to a lawyer first. An attorney can negotiate a fair settlement and ensure you don’t get shortchanged.

How Lockamy & Associates Can Help

At Lockamy & Associates, we fight for New Yorkers injured in outdoor dining accidents. Whether you were a diner, restaurant worker, or pedestrian, we can help you:

✔ Investigate the accident and identify responsible parties

✔ Gather evidence to strengthen your claim

✔ Negotiate with insurance companies for maximum compensation

✔ File a lawsuit if necessary to ensure you get the justice you deserve

If you or someone you love has been injured in an outdoor dining accident, don’t wait—your legal rights depend on taking action quickly.

Call us today for a FREE consultation: (212) 931-6363