If you are going to a place of business, it is only normal to expect their premises to be safe. For example, a fast food establishment must keep the floor free of any spills or dangers that could lead to a slip and fall. Their parking lot and sidewalks are the same. These things must be kept safe and well maintained.
If a store is open during the winter, they are saying that it is safe to enter. So, they must do what they can to clean the parking lot and sidewalks to prevent falls. This means ice and snow removal. If you slipped and fell on the sidewalk, you can most likely pursue a personal injury claim to recover damages.
Damages That Might Result
A slip and fall on a sidewalk can lead to serious injuries. You could suffer a broken bone, a spinal injury, head trauma, whiplash, or just contusions and lacerations. Either way, you will have mounting medical bills and lost wages. A slip and fall could lead to a variety of damages, including:
- Medical bills
- Future medical bills
- Lost wages
- Future loss of earnings
- Pain and suffering
- Permanent scarring and disfigurement
- Permanent or long-term disabilities
- Loss of consortium
- Loss of enjoyment of life
- Mental anguish
Your attorney will assess your situation and determine which damages you suffered and help you get a fair settlement. You want your expenses covered, and if you can prove they acted negligently, you can have a successful personal injury claim.
How Negligence Comes into Play
A successful personal injury claim must show that the defendant was negligent. In this case, you will show McDonald’s was negligent and because of that negligence you suffered a slip and fall on their sidewalk.
For example, there was a soda spilled on the sidewalk and it had been there a while. The employees knew about it, but they did not clean up or place a wet floor warning sign. As you entered the restaurant, you slipped and fell because of the drink.
In this case, the eatery had a duty to keep its facilities safe. That duty was breached by not taking care of the problem on the sidewalk. That breach of duty caused your slip and fall. Then, when you slipped and fell, it caused you to suffer your injuries and damages. By proving the four elements of negligence, you have a strong personal injury claim against the fast food restaurant.
Maintaining Documentation
You will need to keep all documentation that supports your claim. This way, you will show that you suffered damages when you slipped and fell on the sidewalk and you can prove the value of those damages. Here are some documents that will help support your claim:
- Accident report
- Medical records
- Medical bills
- Photos of visible injuries
- Photos of the accident scene
- Proof of missed work and lost wages
- Eyewitness statements
How They Could Be Negligent in a Slip and Fall on a Sidewalk
McDonald’s, like a lot of burger joints, is a very popular fast food restaurant in the country but that does not mean that accidents do not happen to those using the restaurant to satisfy their dietary requirements. If you park in a parking lot you will need to use a sidewalk to get into the restaurant to order your meal.
As a pedestrian this is the most likely place you are for encountering a slip and fall accident. The maintenance of sidewalks on the premises is the duty of the person responsible for managing the premises. Part of any maintenance program is ensuring that the following do not exist:
- uneven sidewalks;
- ice and snow strewn all over the sidewalk;
- trash from used packaging;
If any of these hazards are allowed to be present and someone slips and falls then McDonalds may have to bear the financial outcomes of the slip and fall accident. This includes admitting responsibility if a personal injury claim is filed by a victim of the slip and fall accident.
The Types of Injuries in a Slip and Fall Accident on a Sidewalk
With any slip and fall accident the injury will depend on how the victim falls. If the victim slips and falls backwards he or she is likely to face spinal and back injuries. Depending on how harsh the impact the injuries could be life changing and the victim may have to endure months of treatment with limited chance of returning to work.
In some cases full recovery may never happen. If the victim fall forwards and strikes his or head on a sharp, protruding object like the corner of a parked vehicle or the hard edge of the sidewalk it cause injuries ranging from cuts and bruises to severe lacerations if something sharp is hit. A traumatic brain injury could take place too if a blow to the head was serious enough.
Settlements for a Slip and Fall Accident on a Sidewalk
Settlements for slip and fall accidents on the sidewalk are difficult to calculate because each case is different. When filing a claim the victim has to include the type of injury, the amount of money required to treat it, the value of lost wages while unable to work and the value placed on pain and suffering caused by the slip and fall accident.
One such incident took place in Beaumont, Texas recently when the plaintiff sought damages of $1million dollars for a slip and fall on a pool of water on a the sidewalk that should not have been there. The plaintiff cited negligence as the cause of the accident as there were no signs visible warning potential customers of the hazard.
As a result, the child accompanying him suffered unbearable pain to the right knee and arm as well as soreness to the body. A settlement was reached out of court between the plaintiff and the defendant.
Why it Is Important to Talk to a Personal Injury Lawyer
Most personal injury compensation settlements are only likely to be successful if the victim hires an experience PI lawyer. One of the keys to winning a successful settlement is ensuring all the evidence proving fault cannot be disputed.
This is the skill that an experienced PI lawyer has. He or she will organize all the required documentation and will know if and when to settle with the insurer.
Consult With a Personal Injury Lawyer
If you slipped and fell on the sidewalk, you should consult with a personal injury attorney. Complete the Free Case Evaluation Form to have your claim reviewed today! A lawyer can help you get your claim on track and help your chances of filing a successful claim.
Additional Resources
- Slip and Fall on Sidewalks
- 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.
