Maison Law represents slip and fall accident victims at fast food restaurants in California. When you stop in at a Carl’s Jr. or any other restaurant, there’s always the chance that you can slip and fall. When you or someone you care about gets hurt in one of these accidents, our team can help. Contact us today to set up a free, no-obligation consultation.
Do You Need a Lawyer?
Just because you’re in a slip and fall accident at a Carl’s Jr. doesn’t necessarily mean you’ll need a lawyer, especially if your injuries are only minor in nature. There’s actually no law in California that says you need one. However, if your injuries are more severe or you have questions about responsibility, you may need to reach out to our team for guidance.
With our experience and dedication, we can:
- Explain your legal rights and options
- Investigate what led to your accident
- Figure out who’s responsible
- Negotiate with Carl’s Jr. and their insurance company
- Accurately evaluate your damages
- Simplify the process for you and your family
Responses to slip-and-fall accidents can vary, but it’s important to understand that Carl’s Jr. and its staff are required to make sure everyone in the restaurant is safe. The specifics of the accident matter, and our assistance can be crucial for how your claim plays out.
Is Carl’s Jr. Responsible for a Slip and Fall Accident?
When you slip and fall at a Carl’s Jr., the restaurant is usually at least partly responsible. Every business in California must keep its customers safe. If they don’t, the restaurant and its management can be held liable.
To figure out how responsible Carl’s Jr. is, consider if:
- They knew about a hazard but didn’t fix it.
- They should have known about the problem but didn’t take reasonable steps to address it.
Unfortunately, there’s a number of different things that can cause a slip and fall at a Carl’s Jr., especially if they don’t take care of them:
- Slippery floors from spilled drinks or mopped floors
- Uneven tiles or surfaces
- Poor lighting
- Blocked walkways
- Damaged floor mats
- Staff who are poorly trained or careless
- Broken pavement or sidewalks in the parking lot
- Malfunctioning doors
Carl’s Jr. is usually responsible if these conditions cause an accident. Legal factors include:
- Were you allowed to be there?
- Did Carl’s Jr. know about the hazard?
- What did Carl’s Jr. do to fix it?
For example, if you’re trespassing, Carl’s Jr.’s responsibility is lower. But if you’re shopping and slip on a wet floor they knew about but didn’t fix, Carl’s Jr. is likely liable for your injuries.
Other parties might also share liability, like:
- Carl’s Jr. employees
- Other patrons
- Contractors
- Product manufacturers
Obviously, it’s not always straightforward when it comes to liability in a Carl’s Jr. slip and fall accident. In fact, you yourself can even share some of the liability under California’s “comparative negligence” statute. So, if you weren’t paying attention or ignored warning signs, your damages will be reduced by the same percentage of fault you contributed to the accident. At that point, it becomes important to understand how the legal process works and what you can do.
What is the Claims Process After a Carl’s Jr. Slip and Fall Accident?
When you’re hurt in a slip and fall at a Carl’s Jr. restaurant, It’s frustrating and embarrassing. Not only does it leave you injured, but it was likely preventable. However, the law gives you the ability to file an injury claim to recover “damages” from the responsible party.
After a slip and fall accident, you have two main options for recovering damages: filing an insurance claim or going with a personal injury lawsuit. Our team will guide and support you through whichever path you choose.
In terms of the actual process, both are fairly similar. The main difference is that an insurance claim happens outside of court, so as a result, it’s much less formal. You’ll still need to provide evidence and show your injuries, but the insurance company has the final say in whether or not they offer you a settlement. In these types of cases, they generally do, but their overall goal is to pay you as little as possible. So, while you might get quicker access to funds in an insurance claim, it probably won’t cover all your damages.
Conversely, a lawsuit is a formal legal action happening inside the court system. As such, it’s much more time-consuming and requires more effort from you. That said, our team will handle it from start to finish. It also gives you a better chance at recovering a fair amount for your damages, since it’s overseen by an impartial judge and potentially, jury. When you present your case, you can potentially recover the following:
- Medical expenses
- Pain and suffering
- Emotional distress
- Lost income
- Property damage
- Loss of enjoyment of life
- Punitive damages, in certain cases of intentional or excessive negligence
Your damages will be specific to your case, so it’s important to clearly document what happened and how it relates to your injuries. More to the point, it’s on you to show the extent of your damages.
Showing the Extent Of Your Damages After a Slip and Fall at a Carl’s Jr.
You obviously never want to get hurt in a slip and fall accident at a Carl’s Jr. That said, when this does happen to you, it’s vital to respond in the right way. This not only protects your health, but can bolster your claim by showing the extent of your damages and how liable someone else is. So, here’s what you should do after a slip and fall at a Carl’s Jr.:
- Get medical help – Your health always comes first, so get immediate medical attention. A Carl’s Jr. worker should assist you with first aid for immediate injuries. Visit an emergency room or urgent care for thorough medical evaluation and documentation.
- Report the accident – At the same time, tell a Carl’s Jr. employee or manager about the incident as soon as possible. You might also ask if they’ll create an incident report detailing the date, time, location, and circumstances of the accident. If there is a report, ask for a copy.
- Gather evidence – Document the accident scene with photos or videos, focusing on any hazards and your injuries. These images will be critical evidence for your claim.
- Speak with witnesses – Collect the names and contact information of any witnesses. Their testimonies could be crucial to your claim.
- Preserve evidence and damaged items – Keep any clothing and footwear you were wearing during the accident. Do not repair or replace any broken items, as they may serve as evidence.
- Document your injuries – Photograph your injuries over time and keep a journal of any pain, discomfort, or limitations you experience. Save all medical records, bills, and receipts related to your treatment.
- Be careful – Do not discuss the incident with Carl’s Jr.’s legal or insurance representatives without first talking with our lawyers. Also, keep from posting about the incident on social media, as statements could be used against you.
By following these steps, you will protect your claim and prioritize your health and safety. Remember, while pursuing your legal options is important, your well-being should always come first. With that taken care of, though, you can start thinking about the legal process, and working with our team to maximize your claim.
Contact Maison Law After a Slip and Fall Accident at a California Carl’s Jr.
At Maison Law, we know that going to Carl’s Jr. shouldn’t result in injuries or problems for you or your family. But if a slip and fall happens in California, our slip-and-fall accident lawyers are here to help. We’ll make sure Carl’s Jr. and anyone else responsible is held accountable for their mistakes. Contact us today for a free consultation to get started.
