The Law Office of Nikolaus W. Reed represents anyone that’s been hurt in a slip-and-fall accident at a San Pablo fast food restaurant. Every fast food restaurant, especially busy ones like McDonald’s, poses slip and fall hazards. If you slip and get injured due to someone’s negligence, you have legal options. My firm is here to help. Contact us today for a free consultation to discuss your situation.
When Do You Need a Lawyer?
While there’s no law in California requiring a lawyer for an injury claim, going through the claims process alone can be extremely challenging. If your slip and fall at McDonald’s was minor, you might manage on your own. However, if you have any questions or injury concerns, it’s wise to reach out to my firm.
With my experience and resources, I can:
- Clarify your rights and options
- Assist you with gathering evidence
- Negotiate with insurance companies on your behalf
- Represent you in court if needed
My firm’s overall goal is to simplify the process for you and your family. Injuries complicate life, making it crucial to understand the legal process and have a clear outlook on your recovery.
What Do You Need to Do After a Slip and Fall at a McDonald’s?
Unfortunately, slip-and-fall accidents are fairly common at McDonald’s. This is true despite the restaurant’s policies in place to take care of issues. So, knowing that you could be involved in such an accident, it’s important to know what you need to do:
- Get medical help right away – Ask for help from a McDonald’s employee or go to the emergency room or urgent care if necessary. This should take care of any injuries. If your injuries are more severe (like a broken bone), call an ambulance.
- Tell someone about the accident – At the same time, tell an employee or manager about the fall right away. Make sure they document the details in a report and get a copy. This also puts them on notice of a hazard, and should prompt them to fix it.
- Collect evidence and document the scene – If possible, take photos or videos of the accident site, highlighting any hazards and your injuries. This evidence will be vital later, as it will show the conditions that led to your fall.
- Get witness information – Gather names and contact details of anyone who witnessed the accident. We can talk to them later and get their accounts of what happened.
- Preserve your evidence – Keep the clothes and shoes you were wearing during the fall, as they may be needed as evidence. Also, don’t repair or replace anything.
- Track your injuries – Track the progression of your injuries by photographing them as they heal and maintaining a journal of any pain or issues. Save all medical records and bills.
- Be careful with statements – Try not to speak to McDonald’s lawyers or insurance representatives without consulting my team first. Any statements you make can be used as evidence. Also, refrain from posting about the accident on social media.
Unfortunately, conditions at McDonald’s restaurants can sometimes increase the risk of accidents. You can help reduce this risk by heeding warning signs and reporting any hazards to employees. McDonald’s is responsible for maintaining a safe environment and promptly addressing hazards, but this doesn’t always happen. But it’s not just McDonald’s that could be liable for your injuries.
Who’s Responsible When There’s a Slip-and-Fall at a McDonald’s?
Obviously, McDonald’s has most of the responsibility when it comes to preventing slip-and-fall accidents on their property. This is effectively a “premises liability” matter, meaning that the owner or manager of the particular McDonald’s has a:
- Duty of care to keep you and other customers safe while you’re there.
In reality, though, it depends on the specifics of what happened. There are various scenarios where you could slip and fall at a McDonald’s:
- Spills not being cleaned up quickly, causing you to slip on drinks or other liquids
- Broken flooring or pavement in the parking lot not being repaired
- Poor or broken lighting in certain areas
- Wet floor signs or other hazard warnings not being put up
- Not enough employees on duty to maintain safety
In most slip and fall cases, whoever owns or runs the McDonald’s will be primarily responsible, but in these situations, others might also share some liability, including:
- McDonald’s employees
- Other customers
- The property owner or landlord
- Maintenance or security contractors
- Product manufacturers
- Government agencies
Ultimately, it’s the McDonald’s management’s responsibility to guarantee the safety of you and other customers. When they fail to do so, you have the option to file an injury claim.
What Can You Expect From the Claims Process After a Slip-and-Fall at a McDonald’s?
In legal terms, a slip-and-fall at McDonald’s is classified as a personal injury claim. You have two primary options for making a claim: filing an insurance claim or filing a personal injury lawsuit. Both methods allow you to recover “damages” from whoever is responsible.
The insurance claim process 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, since their top priority is to minimize payouts.
At that point, you can file a lawsuit. This is 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 for your damages, overseen by an impartial judge and potentially a jury.
In either case, your damages are built around your losses from the accident. Depending on your specific case, your damages can include:
- Medical expenses – These damages relate to costs for doctor visits, medications, or treatments needed for your injuries.
- Property damage – These cover repair or replacement costs for personal items, like your phone or clothing, that were damaged in the accident.
- Lost wages – This category covers any income you lose if you’re unable to work during your recovery. It can also extend to a loss of earning potential if you miss out on bonuses or can’t work anymore.
- Pain and suffering – These cover the physical pain and mental anguish caused by the accident and your injuries.
- Emotional distress – Similarly, these cover the emotional distress caused by the accident, including fear, anxiety, or embarrassment.
- Loss of enjoyment of life – These damages relate to the missing out on activities or relationships you previously enjoyed, such as hobbies or spending time with friends.
Because your damages are going to be built around your specific losses, it’s vital to effectively document your losses and keep records to prove your case. Additionally, you need to act quickly. There is a two-year statute of limitations for injury claims in California, meaning you have two years from the date of the accident to file.
Contact NWR Law After a Slip-and-Fall at a San Pablo McDonald’s
No one expects to get hurt in a slip and fall at a San Pablo McDonald’s, but it happens, often due to preventable issues. If you find yourself in this situation, you have legal options. At NWR Law, we understand the challenges that come with slip and fall accidents at McDonald’s. If this has happened to you, contact us today for a free, no-obligation consultation to start the recovery process.