When you go to get a burger, it is only normal expectations to think that the restaurant is free from risks and hazards. After all, the business does have a duty to operate a facility that is free from risks and hazards, so customers can safely enter and exit the premises.
If you have suffered a concussion after slipping and falling, you might be eligible to recover compensation for your damages by pursuing a personal injury claim. You will, however, need to maintain thorough documentation and evidence to support your claim.
How the Elements of Negligence Come into Play
To have a successful personal injury claim, you will need to show that the four elements of negligence have all been met. Here is how that will come into play with a slip and fall at a fast food restaurant that led to a concussion.
First, you must show that the business has a duty or a responsibility to act in a certain way. In this case, that duty is to make sure the restaurant is free of obstacles and is safe for customers to enter and exit to make purchases. Next, you will need to show that duty was breached. In this case, it would be the employees failed to clean up a spill in a timely manner or they did not put up a wet floor sign to warn customers.
Next, you will need to show that breach of duty was the cause of the slip and fall at the fast foot joint. As an example, you slipped because the floor was wet because someone spilled a soda. Then last, you suffered damages. In this case, you would not have suffered a concussion if the floor had not been wet and you had not fallen.
Through this process, you have shown that the slip and fall accident met the criteria of negligence. Your personal injury claim has a strong basis and is much more likely going to be successful. You will need to maintain documentation and evidence to support your claim.
Evidence That Will Help Show Damages
You will need to keep a file of documentation showing the damages you suffered and how the concussion from the slip and fall has impacted your life. As an example, keep all medical bills, proof of lost wages, medical records, document missed work and your inability to enjoy hobbies, get a copy of the accident report, get statements from any eyewitnesses, and so forth. All these things will show which damages resulted from the slip and fall and will help determine the value of your personal injury claim.
Here are some common damages that result from such an accident:
- Medical expenses
- Future medical expenses
- Lost wages
- Future loss of earnings
- Pain and suffering
- Loss of consortium
- Mental trauma
- Loss of enjoyment of life
All your damages must be listed in your claim because you cannot add additional damages to your claim later.
Consult With a Personal Injury Lawyer
If you have suffered a concussion after slipping and falling, complete the Free Case Evaluation Form on this page, so your case can be reviewed by an accident injury lawyer. A personal injury lawyer will help you gather any supporting documents and properly file a claim.
Additional Resources
- Do You Need a Lawyer If You Slipped and Fell at McDonald’s*?
- What You Need to Know if You Suffer a Slip and Fall Accident at McDonald’s*
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against McDonald's, or any other party, you may not be entitled to any compensation.
