How to Sue McDonald’s*

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Can I Sue a Fast-Food Restaurant?

Yes, you can sue McDonald’s, or any other fast-food restaurant, if you were injured due to a slip and fall accident. It is the responsibility of McDonald’s, and any other fast-food restaurants, to provide a safe place for customers to buy and consume fast food products.

If they fail to meet this obligation and a customer is injured, then the victim should be able to sue McDonald’s for negligence. There are several situations in a McDonald’s restaurant where negligence could cause an accident. These are:

  • when a spill from a container in the fast food restaurant wasn’t cleaned up and caused a customer to slip and fall;
  • failure to keep the parking lot or restaurant entrance clear of ice and snow after a weather event causing a slip and fall on ice or snow;
  • failure to maintain restroom facilities to a standard that prevents a slip and fall accident, like leaving a floor wet and slippery without warning customers of the hazard causing a customer to slip and fall.

As soon as you have decided that your slip and fall injury in a fast food restaurant was not your fault and was caused by the management’s own negligence, you will need to gather evidence that proves that this took place. This means providing photos of the accident and injury, as well as eyewitness accounts showing that the slip and fall hazard was present, meaning that the fast food restaurant was negligent.

Additionally, if you've suffered injuries such as burns, sprains, or bursitis due to negligent practices at a fast-food restaurant, you have the right to pursue legal action against the establishment. This includes instances where inadequate staff training or faulty equipment led to your injury.

How To Sue a Fast-Food Restaurant

If you slipped and fell at McDonald’s, or any other fast-food restaurant, you may want to file a slip and fall claim for damages. However, before suing McDonald’s or any other fast-food restaurant, you’ll need to prepare your claim. To prepare your claim you should do the following:

  1. Get help for any injuries: If you were injured in a slip and fall accident, you will have to seek medical attention right away. This is because the longer you postpone seeking medical attention, the harder it may be for you to prove that your injuries are actually from your slip and fall at McDonald’s or any other fast-food restaurant.
  2. Tell a manager: After seeking medical attention, you should notify the store manager that you were injured in a slip and fall at their restaurant. The manager can then take the appropriate next steps for notifying their insurance.
  3. Gather proof: You will need evidence of your slip and fall to back up your claim. You should ask witnesses for statements and/or their contact information. You should also take photos and/or videos of the scene. And, when you get medical attention, you should keep copies of all invoices, notes, test results, x-rays, etc. to use as proof.
  4. File an incident report: You will likely need to fill out an incident report with the McDonald’s, or any other fast-food restaurant, that you slipped and fell in. Your incident report should go over the details of your fall and can be used as evidence in your claim.
  5. Speak with a lawyer: A slip and fall lawyer may be able to help you navigate filing a lawsuit with McDonald’s or the other similar fast-food restaurant you slipped and fell in.

Once you are ready to submit the claim, you can follow the 5 steps below to sue McDonald's or the other fast-food restaurant you slipped and fell in.

For more information on what to do after a slip and fall at McDonalds, or any other fast-food restaurant, visit What you need to know about a slip and fall accident at McDonald's

Step 1: Submit a Complaint

The plaintiff files a complaint about the accident at McDonalds, or any other fast-food restaurant, and a summons with the local county court. These are both served on the defendant, either by the person designated to inform the defendant in person, or by mail. The forms involved in this include a complaint form and a summons form.

Step 2: Answering to the Complaint

After the defendant has been served with the respective forms, a certain time period is allowed for replying to the Court. An answer is presented in a document like the complaint form and is submitted to the same court. At this point, the statute of limitations for the state will be checked, which is the time limit allowed for filing a personal injury lawsuit. It varies from state to state but is typically 2-3 years from the time the injury took place. At any time, a motion to dismiss could take place.

Step 3: The Discovery

The next step of a lawsuit is what is called discovery. This is when each party can request information from the other including answering questions that have already been asked. These requests are called admissions and it is when either party is asked to admit or deny a fact. Interrogatories are more detailed questions regarding the facts of the case. Production is when the opposite party is asked to produce documents that are relevant to the lawsuit. There are forms used when conducting the discovery stage.

Step 4: No Response to Discovery

There are serious consequences if McDonald’s does not respond to Discovery. Sometimes a defendant may not respond, so you, the plaintiff, may be able to file a motion to compel. This is when you ask the judge to tell the defendant to respond to the requests asked at Discovery.

Step 5: Personal Injury Lawsuit Conclusion

Once the first 4 steps have been completed, the two parties usually reach an agreement through mediation. This is what courts typically recommend and it eliminates the need to attend court. Mediation is when an independent mediator reaches a judgment after discussing the case individually with the parties concerned. A settlement that is reached in mediation is binding for the two parties.

If mediation does not work out the case will go to trial immediately. This is where a jury or judge reaches a judgment after the evidence has been heard. The downside of this is the length of time it takes and the cost which could reach thousands of dollars. The losing party is told to pay the amount agreed, but as they do not all do this willingly, the plaintiff may have to file a Petition of Contempt. The court will then use the necessary routes to get the settlement paid by McDonald's, or any other fast-food restaurant.

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*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.

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