Legal Question in Business Law in California

business insurance

is it legal or illegal to own a restaurant and not have insurance to cover injury to a patron injured inside the restaurant?


Asked on 5/31/09, 10:27 pm

4 Answers from Attorneys

Bryan C. Becker Your Lawyer for Life.

Re: business insurance

There is no requirement to insure through a third party -- in theory you could be self-insured. While I agree with the other attorneys that not having insurance could expose a rest owner to personal liability --the reason is that it could provide a potential plaintiff with the weight to pierce the corp veil. Are you a restaurant owner or did you fall, suffer injuries and are now being told there is no insurance to pay you?

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Answered on 6/02/09, 1:48 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: business insurance

There's no law that says a restaurant has to carry general liability insurance, but it would be foolhardy not to have it. The attorney for the injured patron would be able to find out for sure if there is insurance or other assets from which the patron could recover damages. In addition to paying any damage award, liability insurance also provides the business with a legal defense if it is sued.

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Answered on 5/31/09, 10:35 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: business insurance

No, but it is a horrible idea to go without insurance. All it takes is one injury and one lawsuit to put the restaurant out of business. Failure to have insurance is also probably a breach of the lease agreement.

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Answered on 5/31/09, 10:36 pm
Terry A. Nelson Nelson & Lawless

Re: business insurance

No, just stupid.

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Answered on 6/01/09, 1:25 pm


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