How to Sue a Restaurant. To sue a restaurant can be a difficult and lengthy course to take. If you've been wronged and cannot reach a solution with the management or owner, a lawsuit may be your only option.
Have a firm understanding of why you're going to file a lawsuit against the restaurant. Write out your case down to the very last detail. Even small details are important to the judge.
Assemble your evidence and papers for your lawsuit. Organize your materials and notes for easy access in the future.
Research similar cases where someone sued a restaurant. Find out how long it took to reach a resolution in the case and what the ending settlement was. Know what you're getting involved in and decide if it's worth it to sue.
Contact your local small claims court for details on filing your lawsuit against the restaurant. Hire an attorney. Your small claims court requires a demand letter in order to sue.
Fill out your demand letter using the details you documented in Step 2. Be detailed.
Verify that your papers were served to the restaurant owner.
Prepare for your court date. Have all your evidence and documentation against the restaurant ready when you go. Be prepared to spend several hours in court doing depositions and waiting.
Present your case against the restaurant in court. Arrive early and do not talk to the restaurant staff or their attorneys. Act professional. Follow all the rules laid out by the courts.