What is Bodily Injury?

Bodily Injury is physical harm, illness, disease, or death sustained by a person, covered by your general liability insurance when it occurs at or because of your restaurant’s operations.

What you need to know

This is the core of what your general liability insurance protects against—everything from a customer slipping on a wet floor to someone getting food poisoning from your kitchen.

What qualifies as bodily injury:

Physical injuries:

• Slip and fall accidents – Wet floors, uneven surfaces, obstacles in walkways
• Trip and fall incidents – Torn carpeting, threshold hazards, poor lighting
• Burns – Hot food spills, contact with kitchen equipment, scalding beverages
• Cuts and lacerations – Broken glass, sharp objects, equipment accidents
• Sprains and fractures – Falls from chairs, injuries from defective furniture
• Head injuries – Falls, falling objects, collisions

Illness and disease:

• Food poisoning – Bacterial contamination, improper food handling
• Foodborne illness – Salmonella, E. coli, norovirus, listeria
• Allergic reactions – Undisclosed allergens, cross-contamination
• Chemical exposure – Cleaning products, pest control chemicals

Death:

• Wrongful death claims – When injuries result in fatality
• Survival actions – Claims for pain and suffering before death

How bodily injury coverage works:

When someone is injured at your restaurant, your general liability insurance covers:

• Medical expenses – Emergency room, hospital stays, surgery, therapy, medications
• Lost wages – Income the injured person loses during recovery
• Pain and suffering – Compensation for physical pain and emotional distress
• Disability – Permanent or temporary disability payments
• Legal defense – Attorney fees, court costs, expert witnesses
• Settlement or judgment – Amount awarded if you lose in court

Typical bodily injury scenarios in restaurants:

Slip and fall – wet floor: Customer slips on water near restroom, fractures hip

• Medical bills: $45,000-$85,000
• Lost wages: $15,000-$30,000
• Pain/suffering: $50,000-$150,000
• Total claim: $110,000-$265,000

Food poisoning outbreak: Multiple customers contract salmonella from undercooked chicken

• Medical expenses per victim: $5,000-$25,000
• Lost wages per victim: $2,000-$10,000
• Pain/suffering per victim: $10,000-$50,000
• Multiple victims: 5-20 people
• Total claim: $85,000-$1,700,000

Severe burn injury: Server spills hot soup on child, causing second-degree burns

• Emergency treatment: $15,000-$30,000
• Ongoing treatment/therapy: $25,000-$100,000
• Scarring/disfigurement: $50,000-$200,000
• Pain/suffering: $75,000-$300,000
• Total claim: $165,000-$630,000

Wrongful death: Elderly customer chokes on food, dies before EMS arrives

• Medical/emergency costs: $10,000-$25,000
• Funeral expenses: $10,000-$20,000
• Loss of companionship: $200,000-$500,000
• Lost future earnings: $100,000-$500,000
• Total claim: $320,000-$1,045,000

Coverage limits explained:

Your general liability policy has two key limits:

• Per-occurrence limit – Maximum paid for a single incident (typically $1 million)
• Aggregate limit – Maximum paid for all incidents during the policy year (typically $2 million)

Standard coverage structure:

• $1,000,000 per occurrence / $2,000,000 aggregate
• This means one severe claim can reach the full $1M, or multiple smaller claims can total up to $2M annually

What’s NOT covered as bodily injury:

Your general liability does NOT cover:

• Employee injuries – Covered by workers compensation, not general liability
• Property damage only – Bodily injury must be present (covered separately under property damage)
• Intentional acts – Assault, battery, deliberate harm
• Professional liability – Medical malpractice, professional errors
• Pollution – Environmental contamination claims
• Auto accidents – Covered by commercial auto insurance
• Contractual liability – Unless specifically covered by endorsement

Why it matters for restaurant owners

Bodily injury claims represent the majority of lawsuits against restaurants. A single serious injury can result in hundreds of thousands in medical bills, lost wages, and pain and suffering damages.

The financial exposure is severe:

Minor injuries ($5,000-$25,000):

• Small cuts, minor burns, bruises
• Brief medical treatment, no lost work
• Usually settled quickly

Moderate injuries ($25,000-$100,000):

• Broken bones, serious burns, deep cuts requiring surgery
• Weeks of recovery, physical therapy
• Moderate lost wages and pain/suffering

Severe injuries ($100,000-$500,000):

• Major fractures, severe burns, head injuries
• Multiple surgeries, long-term disability
• Significant pain/suffering, permanent scarring

Catastrophic injuries ($500,000-$2,000,000+):

• Traumatic brain injury, paralysis, wrongful death
• Lifetime medical care, total disability
• Massive pain/suffering, loss of life enjoyment

Common causes of bodily injury claims in restaurants:

Premises liability (slip, trip, fall):

• Wet floors – Spills not cleaned promptly, inadequate warning signs
• Uneven surfaces – Broken tiles, torn carpeting, parking lot potholes
• Poor lighting – Dark hallways, dim dining areas, unlit parking lots
• Obstacles – Boxes, equipment, cords in walkways
• Weather hazards – Ice, snow, rain tracked inside

Food-related injuries:

• Food poisoning – Contamination, improper cooking temperatures, poor hygiene
• Choking – Inadequate warnings about bones, shells, large pieces
• Allergic reactions – Failure to disclose allergens, cross-contamination
• Foreign objects – Glass, metal, plastic in food

Service-related injuries:

• Hot food/beverage spills – Server accidents, unstable trays
• Burns from plates – Excessively hot serving dishes without warning
• Chair/furniture collapse – Defective or poorly maintained seating

Parking lot and exterior:

• Slip and fall on ice – Inadequate snow/ice removal
• Potholes and cracks – Poor parking lot maintenance
• Inadequate lighting – Dark areas leading to trips and falls
• Criminal acts – Inadequate security in dangerous areas

Your per-occurrence limit should be high enough to cover realistic worst-case scenarios in your restaurant, considering your customer volume, service style, and premises conditions.

Factors affecting your bodily injury risk:

High-risk operations:

• High customer volume – More foot traffic = more slip/fall opportunities
• Full-service with servers – More chances for spills and burns
• Bar service – Intoxicated patrons more likely to fall
• Hot food service – Burns from soups, coffee, heated plates
• Children welcome – Kids more prone to injuries, higher damages
• Elderly clientele – Falls cause more serious injuries in older adults
• Outdoor seating – Weather hazards, uneven surfaces
• Busy parking lot – Vehicle-pedestrian accidents

Coverage adequacy assessment:

Minimum acceptable coverage: $1M per occurrence / $2M aggregate

• Suitable for low-risk, small establishments
• Single serious injury could exhaust limits

Recommended coverage: $2M per occurrence / $4M aggregate

• Better protection for most restaurants
• Can handle severe single injury or multiple moderate claims
• Relatively small premium increase over $1M limit

High-exposure coverage: $3M-$5M per occurrence / $6M-$10M aggregate

• Essential for high-volume, high-risk operations
• Large restaurants, multiple locations, extensive alcohol service
• Provides cushion for catastrophic claims

Umbrella coverage: Additional $1M-$5M above primary limits

• Sits on top of general liability
• Relatively inexpensive for substantial additional protection
• Critical for restaurants with significant exposure

Essential practices to reduce bodily injury claims:

Premises safety:

• Immediate spill cleanup – Train all staff to clean spills on sight
• Proper floor mats – Use slip-resistant mats at entrances and wet areas
• Adequate lighting – Ensure all areas are well-lit, including parking lots
• Regular maintenance – Fix broken tiles, torn carpet, uneven surfaces immediately
• Warning signs – Use wet floor signs, caution tape for hazards
• Weather protocols – Salt walkways, shovel snow, dry entrance areas

Food safety:

• Proper cooking temperatures – Use thermometers, follow time/temp guidelines
• Employee hygiene training – Handwashing, glove use, illness policies
• Allergen awareness – Train staff, maintain allergen information sheets
• HACCP compliance – Follow food safety protocols
• Regular health inspections – Address violations immediately

Service safety:

• Tray handling training – Proper balance, load limits, clear paths
• Hot item warnings – Alert customers to hot plates, beverages
• Stable furniture – Regular inspection and maintenance
• Child safety – High chairs with safety straps, booster seats in good condition

Documentation and response:

• Incident reports – Complete for every injury, no matter how minor
• Witness statements – Gather contact information immediately
• Photograph scene – Document conditions that contributed to injury
• Preserve evidence – Save surveillance footage, inspection records
• Notify insurer promptly – Report all potential claims immediately
• Never admit fault – Be compassionate but don’t accept liability

When to increase coverage limits:

Consider higher limits if you:

• Serve 500+ customers daily
• Operate multiple locations
• Have extensive bar service or late-night hours
• Are located in high-litigation jurisdictions (California, New York, Florida)
• Have experienced previous bodily injury claims
• Serve high-risk foods (raw oysters, undercooked items)
• Have elderly or family-heavy clientele
• Operate in older building with maintenance challenges

The cost of inadequate coverage:

If a claim exceeds your limits, you’re personally liable for the difference. A $1.5 million judgment with only $1 million in coverage means you pay $500,000 out-of-pocket—potentially bankrupting your business.

The premium difference between $1M and $2M per-occurrence limits is typically only $500-$1,500 annually, a minimal cost compared to the catastrophic personal liability risk of being underinsured.