The Law Office of Nikolaus W. Reed helps those hurt in San Pablo slip-and-fall accidents. It’s unfortunate, but one of the most common places where these accidents happen are at fast food restaurants. Still, these incidents only become potential legal issues when negligence is involved, and our team is here to help you if you’ve been in one. Contact us today for a free consultation to get started.
When Do You Need a Lawyer?
Experiencing a slip and fall at a fast food restaurant is not only frustrating but can also result in injuries. What’s worse, these accidents are usually preventable. With that said, whether or not you need a lawyer depends on your situation. For minor injuries, legal action may not be necessary. However, if your injuries are more serious, seeking legal help is probably in your best interest.
My firm can assist with everything from explaining your legal rights and options to investigating the cause of your accident and determining responsibility. Our team will negotiate with the restaurant and their insurance company on your behalf, making sure that your damages are properly assessed. Most of all, we will simplify the process for you and your family.
Remember, fast food restaurants are responsible for ensuring everyone’s safety while there. Our support can significantly influence the outcome of your claim, but it’s also important to understand how the process works.
What’s the Claims Process After a Slip-and-Fall at a Fast Food Restaurant?
Going through a slip and fall at a fast food restaurant can be both frustrating and embarrassing, especially knowing it might have been preventable. Fortunately, California law allows you to seek financial support for your injuries through an injury claim. You have two main options: filing an insurance claim or filing a personal injury lawsuit, and my team is here to guide you through both processes. Here’s a quick look at both:
- Insurance claim – An insurance claim is a less formal process that occurs outside of court. While it can provide quicker access to funds, the settlement offered by the insurance company may not fully cover your damages, as their goal is to minimize payouts.
- Lawsuit – Conversely, a personal injury lawsuit involves a formal legal process within the court system, requiring more time and effort. However, it offers a better chance of recovering a fair amount for your damages, as it is overseen by an impartial judge and potentially a jury.
In either case, you may be able to recover various types of damages, which refer to the losses you have experienced because of the accident, including:
- Medical expenses
- Lost income
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Your specific damages will depend on your individual case, so it’s crucial to thoroughly document the incident and its impact on your life. Also, you have to file your claim within California’s statute of limitations of two years from the date of the accident itself. With that hurdle cleared, though, you can start addressing the damage from the accident. However, a benchmark for any claim is figuring out who has to pay for your damages.
Who Pays For Your Damages After a Slip-and-Fall at a Fast Food Restaurant?
Injuries and other losses that happen when there’s a slip-and-fall at a San Pablo restaurant is certainly challenging. And while you have the ability to file an injury claim and recover damages, you have to first figure out who’s responsible for the accident to begin with.
Unfortunately, just because the fall happens at a fast food restaurant doesn’t necessarily mean they’ll be responsible. Rather, figuring out who’s responsible for paying for your damages–a legal concept known as liability–involves establishing negligence.
Negligence involves four key elements:
- Duty of care – Everyone must act carefully to avoid harming others. For example, fast food restaurants must keep their property safe for customers.
- Breach of duty – This happens when someone fails to act in a way that keeps you and others safe. If a fast food restaurant knows about a hazard but doesn’t fix it, they are breaching their duty of care.
- Causation – This is when someone’s actions directly cause harm. If someone slips on a wet floor at a fast food restaurant because it wasn’t cleaned up, the restaurant’s negligence caused the injury.
- Damages – There has to be a link between your injuries and the accident itself. This means showing records and other evidence that connects the two.
However, a fast food restaurant might not be the only party responsible in these situations. Others who could potentially share liability for your damages include:
- Restaurant employees and management
- The owner or manager of the property where a fast food restaurant is located
- Maintenance or security contractors
- Product manufacturers
- Government agencies
Obviously, liability is ultimately going to come down to what actually happened. More often than not, though, the fast food restaurant management or ownership is going to carry partial liability. Still, you have to prove your case. That means taking steps to protect your claim.
Do You Have to Protect Your Slip-and-Fall Claim?
Once you decide you want to move forward with an injury claim after you slip and fall at a fast food restaurant, you have to start thinking about how you’re going to present your claim. Thankfully, our team will be there to guide and support you through this process. Still, you don’t have an automatic ticket to your damages–you have to take steps to protect your claim against the inevitable defenses that the fast food restaurant is going to use. So, here’s how you can protect your claim:
- Get medical care – The first thing you need to do is take care of your health by asking for immediate medical help either from an employee, manager, or by visiting an emergency room or urgent care nearby. This is going to provide you with a medical record of your injuries.
- Report the accident – At the same time you ask for help, also tell an employee or manager about the accident. Make sure they document all relevant details in a report and obtain a copy for your records. They’ll also be required to fix any issues or at least look into what happened.
- Collect evidence and document the scene – If possible, take photos or videos of the accident site, including any hazards and your injuries. This evidence will be invaluable later on. You should also ask if there’s any surveillance footage available.
- Gather witness information – Usually, people will be around to witness your slip and/or fall. Get the names and contact details from these witnesses. They can give their account of the event to support your claim.
- Preserve damaged property – Keep any clothing or footwear worn during the fall, as they may serve as evidence. Avoid repairing or replacing any damaged items until they can be documented.
- Document your injuries – Take photos of your injuries as they heal and keep a journal detailing any pain or complications. Also make sure to track your progress with medical records and bills.
- Be careful with statements – Don’t speak to the restaurant’s lawyers or insurance representatives without consulting with our legal team first. If you do speak with someone, keep it simple and stick to exactly what happened. Additionally, avoid discussing the accident on your social media platforms.
Many fast food restaurants have conditions that increase the risk of accidents. To help reduce this risk, stay alert for warning signs and report hazards to staff promptly. While the restaurant is responsible for maintaining a safe environment and fixing issues quickly, this doesn’t always happen. If you’re injured due to their negligence, you can count on our team for legal advice and assistance.
Contact NWR Law After a Slip-and-Fall Accident at a San Pablo Fast Food Restaurant
When you are in a slip-and-fall accident at a San Pablo fast food restaurant, it’s incredibly frustrating. Not only was it probably preventable, it leaves you facing injuries and other challenges. At NWR Law, we can help you. We’ll explain your rights and what you need to do to make a recovery. Contact us today to set up a free consultation to get started.