Getting burned at a restaurant isn’t just painful—it can lead to medical bills, missed work, and lasting scars. If a server spills hot food or drinks on you, you might wonder who’s responsible. Can you hold the server personally liable, or does the restaurant carry the blame?
When the server is at fault
If a server acts carelessly—like rushing with hot coffee or mishandling sizzling plates—they could be responsible for your injury. Tennessee law allows you to seek compensation when someone’s negligence causes harm. But even if the server made the mistake, they likely acted within the scope of their job. That means the restaurant may share or fully carry the legal responsibility.
How the restaurant is involved
Most of the time, restaurants are held accountable for what their employees do on the job. This legal idea is called “vicarious liability.” If a server spills soup because they weren’t trained properly or because of unsafe procedures, the restaurant might be the one you can take action against. The server might have made the error, but the business usually absorbs the legal consequences.
When a server could be personally liable
There are rare cases where a server might be personally liable. This happens if the injury came from intentional misconduct or something wildly outside normal duties. For example, if a server acted aggressively or played a prank that led to burns, you may have a case against the individual. These cases are uncommon, but they do happen.
Understanding your options
Whether the blame falls on the server, the restaurant, or both, burn injuries deserve serious attention. You shouldn’t have to carry the cost of someone else’s mistake. Knowing how liability works helps you figure out your next steps after a restaurant accident.
