If you were walking in a burger restaurant and you slipped and fell, then the store is most likely responsible for your damages. A slip and fall can lead to life-altering injuries, so you need to make sure you do everything that you can to protect your rights.
The key to a successful personal injury claim is making sure the store is aware of your injuries, how the accident occurred, and they document it. You will need to notify a store manager, so an accident report can be completed. If your injuries are serious, call an ambulance. The responding officer will also complete an accident report.
Support Your Claim
The accident report should detail what happened. Give your account while the details are fresh in your mind. Make sure any witnesses give their account of what happened. If possible, take note of any spills on the floor, what caused you to fall, and other hazards.
Make sure to get the names of employees who see the event or who help you afterwards. If possible, have someone get photos of your injuries and the accident scene as these will support your claim and show what happened.
Restaurant Incident Report
If you have been injured in a slip and fall accident at McDonald’s or another fast food restaurant under no circumstances should you leave the restaurant without reporting your accident and injury. When the manager asks you to complete an incident report ask for a copy.
The incident report should include your name, address, email and phone number, your date of birth, gender and date the injury took place. If medical treatment was required you should seek it immediately and the name of the treating physician should also be included on the incident report form. If hospitalization was needed details of the time in hospital and the treatment provided should be filled in on the incident report form too.
The incident report should also include what you were doing in McDonald’s or any other fast food restaurant just before the incident occurred, and specific details about the accident and how it occurred. . Give your account while the details are fresh in your mind. Make sure any witnesses give their account of what happened. If possible, take down some notes of any spills on the floor that could have caused you to fall.
Make sure to get the names of employees who saw the accident take place or who gave you some help afterwards. If possible, get someone to take photos of your injuries and the accident scene as these will help to support your claim by showing what happened.
Failing to seek immediate professional medical attention can affect the value of an accident in McDonald’s injury claims
Damages That Might Result
A slip and fall can lead to serious injuries. You will have past and future medical expenses, past and future lost wages, pain and suffering, long-term disabilities, mental trauma, loss of consortium, loss of enjoyment of life, permanent scarring and disfigurement and other damages.
Some injuries from a slip and fall at burger restaurant might impact you the rest of your life. Compensation will help you cover your cost of living and get back on track after such an event. You will need to keep copies of medical bills, medical records, missed work and lost wages, and any other documentation that you can to support your claim.
Pursuing a Claim
You will need to file a personal injury claim to recover compensation for your damages. For a successful claim, you must show that the store or eatery was negligent. This might involve showing that the spill had been on the floor for a while and employees failed to clean it up or that an employee mopped the floor and didn’t put up a wet floor sign.
If negligence has been proven, you most likely will have a successful personal injury claim against the burger restaurant. Negligence has four elements – duty, breach, causation, and damages. In this case, they have a duty to offer a safe environment for customers. That duty was breached by a wet floor without warning. The wet floor caused an accident, which in turn, led to damages.
How Injuries Happen In a Fast Food Restaurant
Restaurants have the duty or responsibility to maintain clean, well-maintained and safe premises so patrons and other visitors aren’t injured. That means that any spills or messes should be cleaned up rather quickly.
As an example, if someone spills a soda and then you slip and fall just a couple of minutes later, then the employees may not have had enough time to know about the problem and correct it. But, if the spill has remained on the floor for an hour and employees haven’t addressed the problem, and then you fall, you will most likely have the foundation for a personal injury claim.
There are many ways you could suffer a slip and fall in a fast food restaurant. As an example, dropped condiment packets or spilled condiments, such as ketchup, mustard, and mayonnaise can be dangerous. Dropped packets of salt and pepper can be slippery, causing a fall. There are many common causes for falls in fast food restaurants.
As an example, when the floors are cleaned, the employee has the responsibility to post a wet floor sign and warn others of the impending danger. If an employee fails to post a warning and you fall, then the restaurant is liable. During inclement weather, the restaurant has a responsibility to warn customers of snow, rain, and ice tracked in on the floors by posting a wet floor sign and by regularly cleaning up the mess.
Evidence To Gather
If you were injured in a slip and fall in any fast food restaurant, you will need to gather supporting evidence and documentation for your personal injury claim. You must prove that the fast food restaurant was negligent and that because of their negligence you slipped and fell, suffering injuries. Here are few tips for gathering evidence and supporting documentation for your slip and fall injury claim against the fast food restaurant:
- Take photos of the accident scene. This will help show what happened, how it happened, and why it happened.
- Check to see if your fall could have been captured by a surveillance camera. If so, that video footage could be used to support your claim.
- Establish medical care right away and be sure to keep medical bills and medical records.
- Document any missed work and lost wages.
- Ask any witnesses to provide statements. Be sure to get the names of any witnesses and get their contact details.
The more supporting documentation and evidence that you can provide, the stronger the foundation for your claim. An accident report will be completed by the restaurant, so you will want to get a copy of that. If an ambulance and the police are called, there will be an accident report that law enforcement will fill out at the scene. You will need to get a copy of that report as well to show that the accident did take place and that it was reported properly.
You could suffer a variety of damages because of a slip and fall accident. You may have medical bills – past, present, and future, as well as past, present, and future loss of earnings. You may have pain and suffering. You may also claim mental anguish, loss of enjoyment of life, loss of consortium, and permanent scarring and disfigurement depending on the nature of your injuries and their severity. Your personal injury lawyer will review the details of your claim and will then be able to determine the total value of your claim and will come up with all your losses and calculate the overall settlement value.
Let the Restaurant Know
If you are injured in a slip and fall accident at the restaurant, you should report it to an employee right away. They will need to be made aware of the situation. You should document which employee you notify of the incident.
You will need to notify the restaurant of your intent to pursue a personal injury claim by sending a demand letter. A demand letter tells them what happened, when and how it happened, and why you believe that they are liable for your damages.
The letter should be accompanied by supporting evidence that shows that the burger restaurant and/or its employees were negligent and that they are liable for the damages you suffered when you fell in the fast food establishment. You need to itemize your damages and then add them up to come up with the total that you want to recover for your damages.
You will need to be ready to negotiate with the insurance company for the fast food restaurant. Usually, a settlement request is either denied, or they will make a counteroffer to work on negotiations.
You need to be able to show why you are asking for that specific amount of damages With the right evidence that shows that they are liable, you are much more likely to have a successful claim and be able to negotiate a settlement without your case advancing to court.
A personal injury lawyer could help you get your slip and fall claim on the right track. When you hire a personal injury lawyer, you will not have to pay anything upfront. Instead, your attorney will be paid on a contingency basis, which means that your lawyer will not be paid until you recover a judgment or a settlement for your slip and fall.
Because personal injury lawyers have strong negotiation skills, personal injury claims for slip and fall accidents are often resolved before the claim advances to court. If you have enough supporting evidence, you can show that the fast food restaurant is liable for your damages.
There is a statute of limitations, or a time limit, for pursing and filing a personal injury claim after a slip and fall at a restaurant. Of course, this time limit can vary depending on the state. If you wait too long, you will no longer be eligible to recover compensation for your damages. Be sure to get your claim underway.
Consult With a Personal Injury Attorney
If you have suffered injuries in a slip and fall accident, you can recover damages through a personal injury claim. You need to consult with a personal injury attorney as soon as possible because a statute of limitations does apply. Don’t wait until it is too late to recover your losses. Complete the Free Case Evaluation Form today to get your claim underway!
Additional Resources
*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.
