Accidents can happen anywhere and if you’ve slipped, fallen, and suffered injuries at a restaurant, you may have a claim for damages. An insurance claim or a personal injury lawsuit may be necessary, and either may result in compensation for medical costs, pain and suffering, and other damages.
Potential Slip and Fall Accidents
Causes of slip and fall accidents can include:
- Structural defects, like broken sidewalks or chipped flooring
- A lack of general maintenance, like employees failing to sweep, mop, or otherwise clean the floors
- Obstructions in outdoor walkways, like ice or snow, debris on sidewalks, or even construction materials
- Code violations, like a lack of non-slip flooring in entry ways or improper floor mats
Fast food restaurants serve up thousands of meals and beverages every day in the U.S. Grease, spilled drinks, and food debris can all cause slip and fall conditions, if floors are not cleaned in a timely manner or marked with “caution” signs. Water on the floor in the bathroom can also put visitors at risk of a fall as well.
How to Prove Negligence Contributed to an Injury
Negligence must be proven if a personal injury claim is to succeed. There are several reasons why an injury resulting from a slip and fall accident could be due to negligence. The main reasons for slipping over are:
- Wet, slippery floors after cleaning;
- Liquids that have dropped or have been spilled on to the floor;
- Food or other materials that have been spilled on the floor;
- Grease that has been brought to the restaurant area from the kitchen.
Negligence can be proven if it can be shown that the restaurant management or staff:
- Failed to keep the floor surface clean and clear of hazardous substances;
- Failed to cordon off a messy area or spillage before it was cleaned or failed to post a warning after an area was cleaned and was still wet.
Some state laws have changed as has been noted in the case study above. Generally, all states have laws on premises liability that makes property owners responsible for the safety of their legitimate visitors. However, that responsibility is balanced by recognition that any hazard must be known about for a ‘reasonable’ time and not dealt with for negligence to be acknowledged.
For example, if a person slipped over on a puddle of liquid that had only been there for a few minutes, it would be unlikely that this could be argued as negligence on the part of the property owner. If the puddle had been there for an hour and customers had told staff about it several times, then it could be argued that this was negligence. Any injury that resulted from slipping on the puddle would have a better chance of resulting in a compensation payment.
Working With a PI Lawyer For Your Slip and Fall Claim
Whether you plan to a file slip and fall claim with the restaurant's insurance or are contemplating a lawsuit against a restaurant, you’ll want to consider hiring an attorney. A personal injury lawyer can help you collect evidence and build a strong case file. He or she can file and negotiate an insurance claim and can take your case to court if necessary.
Although many fast food locations are franchises, certain corporation’s attorneys often still get involved in legal actions. Bad press affects the company’s brand name and reputation. If you hire a lawyer familiar with handling big business claims, he or she can protect your interests in a personal injury case.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against KFC, or any other party, you may not be entitled to any compensation.
