Portillo’s Crash Lawsuit: Are Bollards Enough to Prevent Restaurant Vehicle Accidents?

Portillo’s Crash Lawsuit: Are Bollards Enough to Prevent Restaurant Vehicle Accidents?

On July 30, 2025, a tragic incident occurred at a Portillo’s restaurant in Oswego, Illinois, when a car crashed through the front entrance, killing a 2-year-old boy and injuring 13 others. This devastating event has sparked a critical conversation about restaurant safety and the effectiveness of preventative measures like bollards. The family of the deceased child has filed a lawsuit against the restaurant chain, raising questions about the adequacy of existing safety measures and whether more could have been done to prevent this tragedy. According to the Storefront Safety Council, vehicle-into-building accidents occur 60 times a day in the US, resulting in hundreds of deaths and thousands of injuries each year. This article explores the legal aspects, safety considerations, and preventative measures surrounding vehicle-restaurant collisions, focusing on whether bollards are sufficient to protect patrons and businesses.

The Oswego Portillo’s Crash: A Case Study in Preventable Tragedies?

The incident at Portillo’s in Oswego is a stark reminder of the potential dangers restaurants face. According to police reports, the driver of a Lincoln MKZ crashed into the restaurant around 2 p.m. on July 30th. The car went completely through the revolving door and ended up inside the restaurant. The lawsuit filed by the family alleges that the driver was attempting to park in front of the restaurant and accelerated, causing the car to jump the curb and crash through the entrance.

The lawsuit claims that Portillo’s was negligent in not having adequate safety measures in place, such as bollards, to prevent such an accident. The family’s attorney stated, “There are protective measures that all establishments should have in place to ensure the safety of the patrons that are on the inside.” The Oswego Portillo’s had bollards in the drive-thru and around light poles, but not in front of the entrance.

Restaurant Liability in Vehicle-Building Collisions

When a vehicle crashes into a restaurant, determining liability can be complex. Typically, the at-fault driver is primarily responsible for the damages and injuries caused. Their insurance carrier may compensate victims for lost wages, medical bills, pain, and suffering. However, restaurants can also be held liable under certain circumstances.

Duty of Care

Restaurants have a duty of care to maintain their premises in a reasonably safe condition for their patrons. This includes taking measures to prevent foreseeable injuries. To pursue a claim against a restaurant, an injured party must demonstrate that the restaurant owed them a duty of care, breached that duty, and that the breach directly caused their injuries. Simply failing to warn patrons of a potential risk may not be enough to establish negligence. Liability may arise if hazardous conditions existed that increased the risk of a vehicle-restaurant crash or exacerbated injuries from such a collision.

Foreseeability

A key factor in determining a restaurant’s liability is foreseeability. The Illinois appellate case of King v. El Paraiso Del Pacifico, Inc. established that a car crashing through the front of a restaurant is reasonably foreseeable, given the prevalence of automobiles, roadways, and parking lots. The court held that such an accident falls within the scope of a business’s duty of care.

Dram Shop Laws

In some cases, a restaurant’s liability may extend to serving alcohol to intoxicated patrons who later cause accidents. Dram shop laws vary by state, with some states having stricter regulations than others. In California, dram shop laws are limited, generally protecting establishments from liability unless they serve alcohol to a minor or a visibly intoxicated person. In Florida, liability hinges on whether the restaurant served a minor or someone with a known history of alcoholism. If a restaurant violates these laws and an intoxicated patron causes a car accident, the establishment may be held liable for the resulting damages.

Bollards: A Key Safety Measure

Bollards are short, sturdy vertical posts designed to prevent vehicle collisions, control traffic, and enhance perimeter security. They can be made from various materials, including concrete, steel, and plastic, and come in different shapes and sizes. Installing bollards around a restaurant’s entrance and exit can provide a sense of safety and protect customers from vehicle collisions.

Benefits of Bollards

  • Physical Barrier: Bollards act as a physical barrier, preventing vehicles from entering pedestrian zones or crashing into the building.
  • Traffic Control: They help manage traffic flow in drive-thrus and parking lots, directing vehicles and improving safety.
  • Enhanced Visibility: Lighted bollards can increase visibility and create a safer environment, especially at night.
  • Property Protection: Bollards can protect the restaurant building from damage caused by vehicle impacts.
  • Customer Confidence: They provide customers with peace of mind, knowing that the restaurant is taking steps to ensure their safety.

Are Bollards Enough?

While bollards are an effective safety measure, the question remains: are they enough to prevent all vehicle-restaurant accidents? The answer depends on several factors, including the design and placement of the bollards, the speed and size of the vehicle, and the specific circumstances of the accident.

Factors to Consider

  • Type of Bollard: High-security bollards, also known as permanent bollards, are capable of stopping vehicles traveling up to 50 miles per hour. These are ideal for high-risk areas such as parking lots and restaurant fronts.
  • Placement: Bollards should be strategically placed to protect the most vulnerable areas, such as entrances, outdoor seating areas, and drive-thru windows.
  • Visibility: Bollards should be highly visible to drivers, especially at night or in adverse weather conditions. Bright colors or reflective materials can enhance visibility.
  • Additional Measures: Bollards should be used in conjunction with other safety measures, such as wheel stops, signage, and speed bumps, to create a comprehensive safety plan.

Limitations

Even with properly installed bollards, some accidents may still occur. A determined driver may be able to breach the bollards, especially if they are not designed to withstand high-speed impacts. Additionally, bollards may not prevent all injuries, as a vehicle impact can still cause secondary hazards such as flying debris or structural collapse.

Additional Safety Measures

In addition to bollards, restaurants can implement several other safety measures to protect their patrons and property:

  • Wheel Stops: Install concrete parking bumpers or wheel stops in front of parking spaces to prevent cars from jumping the curb.
  • Clear Signage: Use clear signage to direct traffic, warn of potential hazards, and indicate pedestrian zones.
  • Speed Bumps: Install speed bumps in parking lots to slow down vehicles and reduce the risk of accidents.
  • Outdoor Seating Protection: Use portable bollards or other barriers to protect outdoor dining areas from vehicle intrusion.
  • Employee Training: Train employees on safety procedures, including how to respond to accidents and emergencies.
  • Emergency Plan: Develop a comprehensive emergency plan that includes procedures for fires, medical emergencies, and vehicle collisions.
  • Regular Inspections: Conduct regular safety inspections to identify and address potential hazards.

The Role of Driver Responsibility

While restaurants have a responsibility to provide a safe environment, drivers also have a crucial role to play in preventing accidents. Distracted driving, impaired driving, and pedal error are all common causes of vehicle-restaurant collisions.

Distracted Driving

Eating while driving is a significant distraction that can increase the risk of accidents. According to the National Highway Traffic Safety Administration (NHTSA), eating while driving can increase your chances of being in a car accident by as much as 80%. Other forms of distracted driving, such as texting, talking on the phone, and adjusting music controls, can also lead to accidents.

Impaired Driving

Driving under the influence of alcohol or drugs is a major cause of car accidents. Restaurants that serve alcohol have a responsibility to prevent over-serving patrons and to ensure that intoxicated individuals do not drive.

Pedal Error

Pedal error, or accidentally confusing the gas and brake pedals, is a common cause of low-speed collisions, especially in parking lots. This type of error can be particularly dangerous in handicapped parking spaces, which are often located close to the entrance of a restaurant.

Seeking Legal Assistance

If you or a loved one has been injured in a vehicle-restaurant collision, it is essential to seek legal assistance. A personal injury attorney can help you understand your rights, investigate the accident, and pursue compensation for your injuries and damages.

Proving Negligence

To win a personal injury case, you must prove that the restaurant or driver was negligent. This requires demonstrating that they owed you a duty of care, breached that duty, and that their breach caused your injuries. An attorney can gather evidence, interview witnesses, and consult with experts to build a strong case on your behalf.

Compensation

If you are successful in your personal injury claim, you may be entitled to compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage
  • Other damages

Conclusion

The tragic incident at Portillo’s in Oswego highlights the importance of restaurant safety and the need for preventative measures to protect patrons from vehicle collisions. While bollards are a valuable tool, they may not be enough on their own. A comprehensive safety plan that includes bollards, wheel stops, signage, employee training, and emergency preparedness is essential. Ultimately, preventing these accidents requires a collaborative effort from restaurant owners, drivers, and the community as a whole. By prioritizing safety and taking proactive measures, we can help prevent future tragedies and ensure that restaurants are safe and enjoyable places for everyone.