Maison Law helps people who have slip and fall accidents at fast food restaurants in California. Busy places like Subway can have slip and fall hazards. If you slip and get hurt because the restaurant didn’t ensure your safety, you have legal options. Our California slip and fall accident lawyers can guide you through the process. Contact us today for a free consultation about your potential case.
When Do You Need a Lawyer?
In California, you don’t have to hire a lawyer for an injury claim, but it can be very helpful if you slip and fall at Subway. The more serious your injuries, the more probable it is that you’ll need legal help. When you find yourself in this situation, our team can help by:
- Explaining the legal process and your options
- Helping you gather evidence
- Negotiating with insurance companies
- Giving you a full appraisal of your damages
Our number one goal is 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, meaning you don’t pay anything upfront. With this information, you can make the best decision on how to move forward.
What Can You Do to Strengthen a Subway Slip and Fall Case?
The very first thing you need to think about–even before your legal options–after a slip and fall at a Subway is your health. But the fact is, your health is closely related to the strength of your case. It’s the extent of your injuries and other losses that’s going to play into how strong or weak your case is. But your actions are also important. So, when you’re hurt in a slip and fall at a Subway, you’ll want to make sure to take the following steps to strengthen your claim:
- Get medical attention – Seek immediate medical attention. Ask a Subway employee for first aid, then go to the emergency room or urgent care to get a better idea of what your injuries are.
- Report the incident – Tell a Subway 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.
- Collect any evidence there is – If possible, take photos or videos of the accident scene, including any hazards and your injuries. This evidence will be crucial later.
- Gather witness information – More than likely, someone at Subway will see what happened. Get the names and contact information of anyone who saw you fall. Their accounts can be helpful.
- Preserve damaged items – Keep 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 damaged.
- Track your injuries – Track the progression of your injuries by taking photos as they heal, and keep a journal of any pain or problems. Save all your records and bills from your treatment and any other medical care.
- Be cautious with statements – Don’t speak to Subway lawyers or insurance representatives without consulting our lawyers first. Avoid posting about the accident on social media, as statements can be used against you.
No matter how careful they are, Subway sometimes has conditions that increase the risk of accidents. You can help reduce this risk by paying attention to warning signs and reporting any hazards to the staff. Ultimately, Subway is responsible for maintaining a safe environment and addressing hazards quickly. But that doesn’t necessarily mean that they’re fully responsible.
Who’s Responsible For a Slip and Fall at a Subway?
Just because you slip and fall at a Subway doesn’t automatically mean you have an injury claim or that Subway is liable for your injuries. The key factor is “negligence,” specifically a “breach of duty.” This means that the person or party responsible for your injuries is whoever didn’t take proper care to ensure your safety, causing your injuries.
There are many potential slip and fall hazards at Subway, such as wet floors or broken pavement in the parking lot. But again, it comes down to “negligence” when it comes to figuring out who’s responsible for the accident–and your injuries.
Negligence, in this specific context, has four elements that you’ll need to show:
- Duty of care – The responsible party has a responsibility to keep you and other customers safe at Subway. This means they should regularly check for hazards, fix problems quickly, and warn customers about any dangers.
- Breach of duty – The responsible party breaks its duty of care when it doesn’t take reasonable steps to prevent accidents. For example, if they don’t clean up spills promptly or fix broken tiles, they’re not fulfilling their duty of care.
- Causation – Causation means the responsible party’s negligence directly caused the slip-and-fall accident. It’s important to show that negligent actions, like not cleaning up a spill, directly led to the accident happening.
- Damages – Damages are the harm or losses from the slip-and-fall, like medical bills or lost wages. The responsible parties will have to pay for these when their negligence causes the accident.
With liability established, it’s a huge milestone for your case, effectively telling you who you’ll be going up against in the claims process. With that said, your damages are going to be a choke point for your claim.
What’s the Claims Process Following a Slip and Fall at a Subway?
Every slip and fall accident–even those occurring in the typical environment of a Subway–is different. There’s certain circumstances that will be present in only your claim. But what doesn’t change from case to case is the claims process. As an injury victim, you have the legal right to file a claim against Subway or whoever is responsible for “damages.”
As to the actual process, it depends on which of your two options you choose. First, you have an insurance claim out of court. This involves going through the insurance company’s process, with them investigating your claim and then offering you a settlement. While it gives you quicker access should you need financial support, it’s ultimately a lowball attempt to try to force you to take it.
At that point, you can consider the other option: filing a lawsuit. This is a much more time-intensive investment you’ll need to make, but it gives you the opportunity of fair or even increased damages because your case is up to a judge and jury.
If your claim is successful, you can potentially recover the following damages:
- Medical expenses, bills, and ongoing-care needs
- Lost wages or earning potential
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of enjoyment of life
- Punitive damages, in cases of excessive or intentional negligence
Given the wide range of injuries you could be experiencing, it’s likely that whatever damages you can recover from your claim are going to be very important to your healing and progression back to normal. Also, it’s important to remember you have two years to file an injury claim in California. If you miss this deadline, you can’t file a claim or get damages.
Slip-and-Fall Accident Victims in California Can Count on Maison Law
At Maison Law, we understand how hard it is to deal with injuries from accidents, especially slip-and-falls at places like Subway. No matter who is at fault, you can count on our experienced California slip-and-fall accident lawyers to help you. We offer experienced legal guidance and strong support. To get your recovery process started, contact us today for a free consultation.
