Maison Law helps slip and fall accident victims at fast food restaurants in California. Every fast food restaurant has slip and fall hazards, especially busier restaurants like McDonald’s. But if you slip and get hurt because someone failed to take care of your safety, you have legal options. Our California slip and fall accident lawyers can help you through the process. To get started, contact us today for a free consultation about your situation.
Should You Work With Our Lawyers?
There’s no law in California that says you even need a lawyer for an injury claim. However, the reality is that it’s very difficult to try to go through the legal process by yourself. In fact, the more hurt you are, the more help you’re going to need. So, while you might not need a lawyer if your slip and fall at McDonald’s was only minor, you should seriously consider working with our lawyers if you have any questions at all about what you can do.
Generally speaking, we strive to make the legal process easier for you and your family. That’s why we offer free consultations and work on a contingency-fee basis. There’s no upfront cost to working with us, and we can explain your options and then guide you through the claims process from start to finish.
How Liable is McDonald’s For a Slip and Fall Accident?
The first step in the claims process is figuring out who is legally responsible–or liable–for the accident itself. This pretty much sets the course of your claim, telling you who you’ll be filing against and who will be responsible for paying for your damages.
Like any slip and fall accident, liability rests on negligence, or the “duty of care” to keep you and others safe. When there’s a slip and fall at a McDonald’s, the company will likely carry at least some liability because they have an overriding legal duty to keep you safe while you’re a customer there.
At the same time, it depends on the specifics of what happened. There’s many different scenarios where you could slip and fall at a McDonald’s:
- Not cleaning up spills quickly enough, causing you to slip on spilled drinks or other liquids
- Not fixing broken flooring or pavement in the parking lot
- Having broken or poor lighting in certain areas
- Not putting up wet floor signs or other warnings of potential hazards
- Not having enough employees on a shift to keep things safe
Obviously, McDonald’s is going to be responsible in the vast majority of slip and fall cases, but with these scenarios, others may share some liability like:
- McDonald’s team members
- Other customers
- The property owner or landlord
- Maintenance or security contractors
- Product manufacturers
- Government agencies
Slip and fall accidents often happen at restaurants like McDonald’s, both inside and in the parking lots and other areas. It’s ultimately the management’s responsibility to keep you and other customers safe. But when they don’t, you have the option to file an injury claim.
What’s the Claims Process After a Slip and Fall at McDonald’s?
In legal terms a slip-and-fall at a McDonald’s is a personal injury claim. This means that you have two main options when it comes to making a claim: filing an insurance claim or filing a personal injury lawsuit. Both will allow you to recover “damages” from the responsible party.
Filing an insurance claim is less formal and happens outside of court. It often provides quicker access to funds, but the settlement offered by the insurance company may not cover all your damages, as their goal is to minimize payouts. On the other hand, pursuing a lawsuit involves a formal legal process within the court system. While it requires more time and effort, it offers a better chance of recovering a fair amount of any damages. This process is overseen by an impartial judge and potentially a jury.
In either case, you may be able to recover damages, which is the legal term for your losses. These can include:
- Medical expenses, covering costs for doctor visits, medications, or treatments needed for your injuries.
- Property damage, covering repair or replacement costs for personal items, like your phone or clothing, that were damaged in the accident.
- Lost wages, which cover any income you lose if you’re unable to work during your recovery.
- Pain and suffering, which relates to the physical pain and mental anguish caused by the accident and your injuries.
- Emotional distress, which addresses the emotional distress you go through because of the accident, including fear, anxiety, or embarrassment.
- Loss of enjoyment of life, which covers any losing out on activities or relationships you previously enjoyed, such as hobbies or spending time with friends.
Your damages will be specific to your case, so it’s crucial to thoroughly document the incident and its impact on your life. Additionally, you need to act quickly. There’s a two-year statute of limitations for injury claims in California, meaning you have two years from the date of the accident to file.
How Can You Put Together a Strong Claim After a McDonald’s Slip and Fall Accident?
It’s true that you have the option to file an injury claim against McDonald’s and whoever else is responsible for your slip and fall accident. But that doesn’t mean you automatically get whatever damages are available to you. You have to effectively present and prove your claim. So, in order to get the most out of your claim, you have to put together a strong case. Here’s how you can do that after a slip and fall at a McDonald’s:
- Ask for medical help – Get immediate medical assistance. Ask a McDonald’s employee for help, or go to the emergency room or urgent care if needed.
- Let McDonald’s know about the accident – Inform a McDonald’s employee or manager about the accident as soon as possible. Make sure they document all the details in a report and get a copy for yourself.
- Gather evidence and document the scene – If possible, take photos or videos of the accident scene, including any hazards and your injuries. This evidence will be crucial later.
- Get contact information from witnesses – Get the names and contact information of anyone who saw the accident. Their accounts can be helpful.
- Keep any damaged property or items – Preserve the clothes and shoes you were wearing during the fall, as they might be needed as evidence. Don’t repair or replace anything that got broken.
- Show your injuries – It’s important to show the progression of your injuries. You can do this by taking photos of your injuries as they heal, and keep a journal of any pain or problems. Save all your medical records and bills.
- Be cautious – Don’t speak to McDonald’s’s lawyers or insurance representatives without consulting our lawyers first. Also, don’t post about the accident on social media.
Unfortunately, McDonald’s restaurants sometimes have conditions that increase the risk of accidents. You can help reduce this risk by paying attention to warning signs and reporting any hazards to workers there. Again, McDonald’s is responsible for maintaining a safe environment and quickly addressing any hazards. Still, this doesn’t always happen. When you get hurt because of this failure, you can turn to our team for legal guidance and support.
Contact Maison Law After a Slip and Fall Accident at a California McDonald’s
You obviously never want to get hurt in a slip and fall accident at a California McDonald’s. Still, this happens–often due to something preventable that McDonald’s failed to take care of. While it’s frustrating, you still have legal options.
At Maison Law, our California fast food restaurant slip and fall accident lawyers will be there to help you through the claims process. Contact us today for a free, no-obligations consultation to get started.
