Slip and Fall at Burger King

Anytime we slip and fall as an adult, it can be embarrassing. For the most part, we may think that it's our own clumsiness or that we weren't paying attention to where we were walking. It's a normal thing to assume it's your own mistake, but in most restaurant settings, slip-and-fall accidents are more than likely caused by some act of negligence.

Restaurants, especially fast food ones like Burger King, are usually busy places. As such, employees and management have to be hyper-aware of the likelihood of spills and debris on the floor. There may be hundreds of people coming and going each day. Many Burger Kings have self-service drink stations, meaning that ice cubes can fall onto the floor, and patrons may slosh splashes of slippery sodas and teas while they walk to their tables.

Likewise, customers and staff can spill food that can be tracked around the restaurant. It's not a secret that most fast food tends to be grease-laden, which can be very slippery if you walk on it. Grease is also a danger because workers can easily deposit it into the dining room from the kitchen area when they deliver food or clean up empty tables.

Yet another danger can be caused by heavy foot traffic if the outside weather is bad. Rain, snow, and mud can be tracked in from outdoors, and these restaurants usually have tile floors, which could make it a huge slipping hazard. While a busy restaurant is great for the franchise owner, they must be extra vigilant to account for the safety of so many individuals visiting their restaurant.

Another area of danger is the restroom. Hundreds of people washing their hands are bound to create a slip-and-slide situation if the management doesn't stay active and clean up regularly. Another issue could arise if there are leaky sinks or toilets. Furthermore, suppose there is poor lighting in these areas. In that case, it makes it impossible for customers to see dangers like pooled water or debris.

Still, not all dangers lurk inside. A Burger King owner is responsible for the upkeep of the outside of their property as well. That means they must pay attention when the weather is freezing and take steps to ensure icy patches and snow accumulation are dealt with appropriately. Broken sidewalks, burnt-out lights, cracked asphalt, missing handrails, and unearthed roots are all tripping hazards that Burger King owners must address to ensure the safety of their patrons.

It's possible to sue a Burger King owner for your injuries if the cause was negligence under premises liability law. That's an important thing to understand. Not every slip-and-fall accident warrants a lawsuit. To recover compensation successfully, you have to meet a few legal requirements. Morgan and Morgan can help you understand what's necessary for a winning premises liability lawsuit according to the laws of your state.

The first issue is to establish the category of your status on the property at the time of the accident. By and large, as a customer, you'll fall under the category of an invitee. But here are all three statuses the law considers:

Invitee - As an invitee, you have an open invitation to visit during business hours to participate in lawful transactions with the restaurant. Most business customers are invitees by default if they are there to make a purchase. Generally, property owners owe the highest duty of care to invitees to ensure their safety while they're on the grounds, but this is subject to state law.

Licensee - A licensee is someone who is on the property for their own benefit. In a broader scope, this can include salespersons visiting in hopes of making a sale or something of that nature. However, in this instance, you might be considered a licensee under the law if you visited a Burger King to talk to an employee or use the restroom. Depending on state laws, you may have less protection under this status.

Trespasser - A trespasser is on a property without the permission or knowledge of the property owner or whoever is in charge of the property. Typically, if you're trespassing, you're breaking the law and are owed the least or no duty of care. Many people might not be aware of this, but once you're asked to leave a property and remain, even if you purchased something, you could be trespassing. Still, trespassers cannot be willfully harmed by something like intentionally setting a booby trap. 

Assuming you were on the property lawfully, you still have other requirements to meet, making getting compensation for a slip and fall at Burger King challenging. Here they are:

• Burger must have owed you a duty of care. The level of care will depend on your status on the property at the time of the accident. (Invitee, licensee, or trespasser.)
• The property owner failed to uphold the duty of care owed to your status through negligence.
• You suffered injury or losses because of their negligence. (Medical expenses, lost income, etc.)  

Negligence in slip-and-fall cases is usually the most complex part to establish. Here is why. While you may have had an accident due to a hazard, the property owner (or manager/staff) had to be aware of the danger yet did nothing to remedy it. Here are a few different scenarios to illustrate this idea:

Negligent - Suppose you visited the bathroom and slipped because a toilet had been leaking. There are hard water deposits around the pool of water on the floor, indicating the toilet has been in this condition for some time. A checklist on the door also shows when a staff member tended to the bathroom. The last time was half an hour before your accident. In this scenario, it's obvious negligence because a decent property owner would regularly inspect their restaurant or at least be informed by staff of the issue. Yet, the evidence clearly shows that the problem has been ongoing and not fixed.

Not negligent - Conversely, let's imagine you're walking behind someone carrying a child who is still eating their french fries. The child drops a handful of fries on the floor, but you don't notice it. The next step you take, you go flying because you stepped on a mess of greasy french fries. In that case, the property owner wasn't aware of the issue, nor did an employee have reasonable time to notice it and clean it up. In this scenario, you would have a really difficult time proving negligence.

However, some situations call for a reasonable property owner to foresee the possibility of dangerous conditions developing and make an effort to minimize the danger. For example, because people are allowed self-serve drinks, a Burger King owner should know there will be spills around this area and install runners to absorb liquids and provide traction. Likewise, because employees are required to travel from the kitchen, where grease and food can accumulate, into the dining room, where customers will be, similar safety mats should be installed to reduce tracking debris all over the restaurant.

Still, suppose you're unsure whether your situation would qualify for a slip-and-fall lawsuit. In that case, we encourage you to reach out to the lawyers at Morgan and Morgan. We know that not all circumstances cannot be encapsulated in one article. 

Whether you were injured in a slip and fall at Burger King or another restaurant, there are some critical things you can do to help your case, such as:

Notify a manager - Alert management of the accident and ask for an accident report to be written up. This should include details of what happened, how it happened, when it took place, and the injuries you sustained. Obviously, you can't know the extent of your injuries until you visit a doctor, but the general details should be documented. However, we recommend not signing anything until you've spoken with us. Some business owners can be sneaky and include legalese which limits your rights to compensation.

Document the scene - Be sure to get pictures or take a video of the hazard that caused you to fall and the surrounding area. Get images of any injury as well.  

Get witness contact information - If anyone witnessed your fall, it's crucial to get their contact information so they can be contacted to verify what they saw. Witness statements can be a very powerful tool in Burger King slip and fall settlements.

Seek medical care - Medical documentation is a critical component in any slip and fall claim. We urge you to get medical treatment as soon as possible, as any delay will be looked on with suspicion, especially if your injuries turn out to be severe. Keep copies of all bills and medical records, as medical expenses are the foundation of high-dollar Burger King slip-and-fall settlements.

Contact Morgan and Morgan - To ensure your rights are protected and increase your chances of a successful claim, be sure to contact us as soon as possible after your accident. We will work to investigate the facts of your claim and be a strong advocate for your ability to recover compensation.

Settlements for slip and fall accidents on other people's property are based on the severity of your injuries, lost wages, pain and suffering, and property damage. The amount you can receive is also based on insurance policy limits and state laws. Still, every claim is different. Morgan and Morgan will work to determine what damages you could be eligible to pursue, calculate the value of your claim, and negotiate the best possible settlement given your unique circumstances.

Generally, if your injuries are substantial, this will impact the settlement amount. That's not to say you couldn't get a decent sum for a sprained knee. After all, an injury like that is quite painful, takes a long time to heal, and you may not be able to work while you recover. All of which may be compensable. Whatever your situation, Morgan and Morgan would like to hear from you.

Contact us today for a free case evaluation.