Customers slip and fall at McDonald's and other fast food restaurants at an alarming frequency.
For McDonald's, this could be a function of two main factors: the sheer number of customers that walk within the store on a daily basis and the self-serve soda fountain machines located within the store.
Most of the slip and falls or falls on liquid substances cases I've encountered against McDonald's or other fast food restaurants include other customers being careless and spilling soda pop or other drinks on the tiled floors of the restaurant. Oftentimes, employees are seen frequently mopping the area. This can lead to a lack of warning signs upon mopping for other customers or poor placement of warning cones or signs. I've encountered both of those types of cases.
McDonald's is one of those types of businesses in Indiana that follows the "better safe than sorry" theory of warning signs placement. McDonald's often places the cones or yellow triangle warning signs near the entrances of the restaurant and next to the self-serve soda fountains at all times -- regardless whether the floor is wet or dry.
You mightask yourself -- "why would a business place a warning cone or yellow warning sign on a dry floor?"
The answer is simple -- McDonald's is practicing prophylactic law = just in case anybody falls and is injured, the defense lawyer for McDonald's can assert a defense that the "plaintiff should have discovered" the dangerous condition of the floor.
It's a sneaky trick and it is often used effectively during jury trials by unscrupulous fast food restaurants (I've also seen many convenience stores use this tactic, too).
In those instances, Shaw Law Offices typically responds with the argument that if a warning cone or yellow warning sign is placed 24/7 on dry floors, then the warning isn't truly a warning at all, but rather a defense strategy. This testimony is sometimes elicited through premises liability expert witnesses and other times through "human factors" expert witnesses who can explain to a jury the impact that warnings -- fake and real -- have upon the human mind in a psychological nature.
McDonald's follows the Walmart style of defending cases in Indiana -- it hires a few attorneys within the state to become very familiar with defending these types of cases. This type of litigation style can also favor the plaintiff, however. When you hire Shaw Law Office, you get an experienced slip and fall attorney who knows the particular styles and inner workings of the McDonald's lawyers, too.
Of course, slips or trips and falls at McDonald's are not contained just within the store -- like all Indiana establishments, McDonald's has their share or slips and falls on icy parking lots or sidewalks. Like most Indiana businesses, McDonald's hires third-party contractor or snow plow or snow and ice maintenance businesses to handle their snow and ice removal and maintenance needs.
Like similar businesses, it's very important to hire an attorney who has experience reading the snow and ice maintenance contracts between McDonald's and the third-party snow removal businesses to see if the contract was adhered to or has inherent flaws that makes the property unreasonably dangerous for customers.
Contact us today Toll Free at (855) DID-U-FALL / (855) 343-8325 to investigate your McDonald's slip and fall.
We Get You Back on Your Feet.