David Azizi is a personal injury and slip and fall lawyer in Los Angeles and Beverly Hills who has fought for his client’s rights for 21 years. If you or a family member has suffered a slip and fall at McDonald’s, David will make sure you receive adequate compensation to pay your medical bills and recoup lost wages. Call (800) 991-5292 to set up a free case evaluation today. McDonald’s has legal counsel. You need an attorney who will fight for you.
What Should You Do After a Slip, Trip and Fall in McDonald’s?
It is important that you follow specific steps after an accident in McDonald’s, Burger King, Carl’s Jr. or In-N-Out Burger:
- Get emergency medical care if needed.
- If you can, take a picture of the area where you fell. It is important to do this as soon as possible since the spill may be gone or safety signs put up when you return.
- File an accident report. McDonald’s policy is to do that anyway. Make sure you get a copy as soon as both you and the manager on site complete it.
- Since there are usually many people in McDonald’s, find someone who may have witnessed your accident. Ask them to write down what they saw. and request they sign the paper and date it.
- If a counter person indicates they saw the water on the floor or a bunched up mat before you fell, ask how long it was there and whether others saw it too.
- Look around for video cameras to see if your accident was captured on film. McDonald’s usually has multiple cameras in all areas except the lavatories. Note where the camera is, and take a picture of it and nearby cameras. Even if the spot where you fell lacks a camera, the others might catch workers going by the area without remedying the dangerous condition. Ask for footage from the cameras.
- Make sure you document everything that is said. Luckily, cell phones are equipped with a recording function, so this should not be difficult. You might want to mention that your cell phone is recording the conversation.
- Go to the emergency room to be examined. If you can’t, make an emergency appointment with your doctor. Tell the physician that you were in an accident. The medical notes will not only document that you were injured, but they will serve as a way to link the injuries to the accident later on.
- When you get home, take a picture of any bruises, lacerations or other injuries on your body.
- Keep the clothes you were wearing separate as tangible proof of your injuries.
- Start a diary. It is hard to remember weeks later how you felt on any given day.
Proving Fault in a McDonald’s Accident
In order to prove that you were injured in a slip, trip and fall accident, you need to establish that the owner/franchise operator/person in control owed you a duty of care to keep you safe. If steps are not taken to rid the premises, including the immediate outside area and parking lot of dangerous conditions, the duty of care has been breached. Since the injuries would not have happened if the dangerous condition was not present, the financial loss caused by the injuries are the fault of the owner/person in control and must be compensated.
When you are negotiating with the insurance company, you need to present the injuries you suffered and the corresponding loss. Once the matter goes to court, you must prove by a preponderance of evidence that the dangerous condition was not removed, the presence of the dangerous condition was known or should have been known and it caused you harm.
How Long Does it Take to Obtain a McDonald’s Slip and Fall Settlement?
There is no exact amount of time within which a case is settled. In part, it depends on the injured person’s condition. If the injuries are not yet resolved or are still evolving, it might be best to wait until the injuries are treated. Once a settlement is reached, you will be asked to sign a release, saying that you can no longer hold McDonald’s or other fast food restaurant liable.
In many cases, the insurance company offers less than what is fair and reasonable. In such cases, the case may go to court to be decided by a judge or jury.
Your attorney will present the evidence, showing that the defendant’s lack of care caused your injuries and cost you financial damages. The evidence includes witness statements and depositions, photos of the dangerous condition, video footage of the accident and possibly footage showing the condition existed longer than is reasonably appropriate. Medical experts may be brought in to testify how the accident and subsequent injuries caused physical, mental and emotional harm.
How Much Is Your Case Worth in a Fast Food Restauant Injury?
This is one of the most common questions an attorney is asked. While there is no preordained answer and the amount differs from case to case, David will be able to give you an estimate once he has reviewed your case.
If you would like to get a head start, go to the Azizi slip and fall settlement calculator page. Just fill in the answers to the questions, and submit it to the Law offices of David Azizi. We will review your answers, and David will explain the results during your free, no-obligation case review.
Compensation for a McDonald’s Slip and Fall Accident
The following are compensable damages in a fast food restaurant injury:
- Medical Expenses: This includes anything involved in your medical care such as emergency room care and the cost of a hospital stay and medications. Tests such as blood tests and radiographic studies are also included.
- Lost Wages: If you are unable to work due to accident injuries, you are able to recoup this loss. In addition, if you are unable to return to the job you did before the accident, you may be eligible to collect future lost wages as well.
- Pain and Suffering: This is not the same for every person since it measures intangible entities. Mental anguish and emotional pain such as anxiety, depression or post-traumatic stress disorder are types of pain and suffering.
Common Accidents in a McDonald’s or Other Fast Food Restaurant Franchise
A slip, trip and fall accident can happen anywhere on the premises of a McDonald’s restaurant. The most common causes of accidents are:
- Uneven pavement in the parking lot and sidewalks leading to a trip and fall.
- Lack of a mat at the entrance and exits, particularly in rainy weather.
- Spills in the common areas leading to a slip and fall.
- Lack of warning signage telling customers of a dangerous area.
- Leaks in the bathrooms that cause the floor to be wet and slippery.
- Lack of inspections to make sure that other customers have not dropped food or beverages on the floor.
McDonald’s Common Injuries
Some injuries are commonly seen with McDonald’s slip, trip and fall accidents. They
- Head Injuries: Trauma to the head can cause skull fracture, concussion, subdural hematoma or bleeding on the brain and traumatic brain injury.
- Cervical spine: Trauma to the neck can cause vertebral herniation, torn ligaments and tendons. Surgery may be necessary in some cases.
- Midback or Thoracic Injury: Trauma to this area can result in herniation of the vertebrae and torn ligaments and tendons. Surgery may be necessary to repair the damage.
- Low Back or Lumbar Injury: Herniated vertebra or ligament and tendon damage can occur. Depending on the case, surgery may be needed.
- Fractures: Broken bones are possible in any part of the body, however, hip and arm fractures are most common. Hip fractures are serious, and surgery or hip replacement is often needed.
- Aggravation of Degenerative Condition: Many people have degenerative conditions that are not painful and do not limit their activity. However, trauma can cause the non-symptomatic condition to become symptomatic, causing the individual significant discomfort and limiting their activities.
Call the Law Offices of David Azizi When You Slip Trip and Fall at McDonald’s
When you are injured in a McDonald’s trip, slip and fall or one at another fast food restaurant franchise, you may suffer serious injury and/or time away from work. David Azizi can help you secure adequate compensation for your losses. McDonald’s and the other franchises have legal experts who will examine your claim to downgrade the amount you will recover. It is important that you have the legal help you need. Just call (800) 991-5292 to set up a free, no-obligation case evaluation with David. He’ll answer your questions, present your options and give you a firm idea of what your case is worth.
David has been practicing personal injury law for 21 years and has won 98 percent of his cases. He has been recognized as one of the best Los Angeles personal injury lawyers by Expertise.com and as a top-rated personal injury attorney in Beverly Hills by Super Lawyers.
David empathizes with his clients and knows they need to reach him with questions or concerns. For this reason, he gives them his private cell phone number. Don’t delay setting up a free consult. Under California law, once the statute of limitations or length of time within which you can file a claim expires, your case will not be heard.
You can also fill out the contact form on David’s website if that is easier for you. We will get right back to you.