Slip and Falls at Fast Food Restaurants in Indianapolis, South Bend, and the State of Indiana
Today, fast food restaurants are everywhere. And each of them has unique problems when it comes to keeping customers safe -- both outside and inside.
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.
The idea of "notice" comes into play in most fast food slip and fall cases. The idea is that if the store did not cause the spillage itself, then it must have adequate "notice" that the spill is there. The idea is that notice allows the business time to clean up and remedy the situation. After all, a fast food restaurant is not required to have a perfectly clean floor like a pool table -- it must only use reasonable care to protect customers from falls. This means if the fast food restaurant has an adequate amount of staff and reasonable, timely, periodic inspections, an injured party might not win compensation for an injury if he or she fell on a drink spilled by another customer or slipped on a leaf of lettuce that fell from another customer's plate.
The restaurant owner will often give inspection sheets showing timed inspections (every 10 minutes to 30 minutes) of the soda machine location and assert more frequent inspections are not reasonable for a restaurant trying to serve the public. Additionally, some restaurants will try to avoid liability by placing a yellow caution sign near the soda machine at all times.
The owner will argue the warning sign provides the customers on alert to watch his or her step near that area and to be careful in that area for spilled drinks and beverages. Remember, this caution warning sign is placed in the same area at all times --regardless of whether any spill exists or not. This defense might seem to be unethical, but it has been successful for many restaurant owners. (Convenience stores do this same thing with warning signs near entrances during snowy or rainy weather. Look next time! This warning is much easier to perform than regular mopping of the melted snow or ice brought in on the feet of other customers or changing the soaking wet mats near the door).
This defense is not valid.
Shaw Law Offices has destroyed this defense in court numerous times by showing that "false" warning signs have the opposite effect upon customers by actually making them feel there is no danger due to human factors. A warning or caution sign that is present inside a restaurant or convenience store during all times leads customers to ignore the warning when the danger is real. Attorney Jeff JJ Shaw has argued it is more reasonable to expect the restaurant (or store) perform timely inspections and clean up liquid on floors than trying to trick the customer.
When you are injured at a restaurant by a slip and fall on melted ice or snow, or by the spilled drinks near the soda machine, or by mopping in the restrooms, call an experience lawyer like Shaw Law Offices and Attorney Jeff JJ Shaw.
That's why it is so important to call Shaw Law Offices anytime you are injured at a fast food restaurant. Shaw Law and Attorney Jeff JJ Shaw have years of experience in determining whether inspections and staffing were adequate in an injury situation by use of requests for production and court subpoenas to get those documents during the course of an investigation.
Additionally, Shaw Law and Attorney Jeff JJ Shaw can take "depositions" (sworn statements outside of court in front of a court reporter) to ask questions about that restaurant's policies for inspection, cleaning and staffing.
Here are a list of restaurants that Shaw Law Offices and Attorney Jeff JJ Shaw can handle.
But fast food restaurants typically have parking lots, too. And these can get icy and snowy and cause major injuries if they aren't maintained correctly.
Check or click below to see our descriptions of common fast food and other restaurants like McDonald's, Subway, Burger King, Yum Brands (KFC, Taco Bell and Long John Silver's) and the more upscale entrants like Panera Bread Company, Chiptole's Mexican Grill and Starbucks.
Call Shaw Law to discover your rights and remedies if you have been injured at a fast food restaurant.
We Get You Back On Your Feet.