What to Do When You Get Injured at a Restaurant

Fast food restaurants have elaborate public safety policies and maintenance protocols to minimize risk of injury to their patrons. Despite these policies, injuries still occur every year, which suggests that staff may not consistently follow safety procedures.

Common Causes of Slip and Fall Accidents

Common causes of slip and fall accidents at fast food outlets include:

• Slipping on water from toilets and sinks in the washrooms
• Tripping on broken or uneven steps
• Burns from spilled coffee and other hot drinks
• Trips on cramped quarters indoors
• Slipping on slick floor after improper cleaning of spilled beverages and foods
• Loss of footing on gravel patches and other uneven ground that are common in outdoor entrance areas
• Freshly mopped or wet floors which lack caution signs

If you are injured as a result of a slip and fall accident at a fast food chain, the law requires that you prove that restaurant was negligent and did not meet its duty of care as envisioned in the Occupier’s Liability Act.

Duty of Care

The most important aspect of the law states that “An occupier (such as a business or property owner) owes those entering the property a duty to see that they are kept reasonably safe while on premises.” In other words, the term “duty of care” means that the business owner (occupier) must act towards the general public with an established minimum of care, prudence, and attention as would any other reasonable entity or person acting in a similar situation.

This duty of care is applicable whether the hazard is as a result of an activity that occurs on the property or as a result of the condition of the property. The law ensures the occupier does not hide behind “assumptions” that the building is safe. To meet this duty of care, an occupier must take specific steps, such as:

• Inspect premises and remedy potential hazards such as water leaks in the restrooms, dropped menus or napkins on the floor, and dropped food.
• Post sufficient signs to warn of hazards such as “Step Down” or “Slippery Floor”n
• Remove snow and ice from accessible sidewalks, parking lots, and walkways
• Install such safety features as high-traction flooring, non-slip rugs, security cameras, outdoor and indoor lighting, smoke alarms, stairway railing, and sprinkler systems.)
• Hire qualified contractors and builders to build, maintain, and update safe premises
• Respond in a timely manner whenever a hazard is noted
• Prohibit access to unsafe areas

How to File a Claim If You Have Slipped and Fallen in a Restaurant

At Grillo Law, we have been representing plaintiffs in personal injury claims for over 30 years. Once you enlist our services, we determine if the occupier practiced duty of care. If the claim has merits, we will advise you to file a claim and on how much you should seek.

Most occupiers have liability insurance covers. We will engage the insurance company and seek compensation for:

• Current and future medical expenses, including medication, medical equipment, rehabilitation, and therapy costs;
• Loss of income;
• Pain and suffering;
• Loss of enjoyment of life.

If there is no out-of-court agreement with the insurance company, we will file a lawsuit in court. Note that in many areas of Ontario, it is mandatory to participate in mediation. If there is no agreement to mediate, the claim may proceed to a pre-trial or trial if the parties are unable to arrive at a settlement.

How to Prepare for a Personal Injury Suit

Fast food chains such as Starbucks have business liability insurance, meaning in case of an accident, you will be dealing with the insurer and not directly with the company. Once you’ve been injured, the first step in making a claim is writing a demand letter to the chain’s store and head office. The letter should be as detailed as possible if you are to win the claim and it should include:

• Your personal information (name, address, date, etc.)
• A statement of why you are seeking compensation
• A detailed description of how the injuries occurred, including moments before, during, and after the accident, and why you believe the chain was negligent
• A statement of how much you are seeking in compensation (actual costs of the different components such as medical costs and lost wages)
• Evidence that you may have collected at the scene of the accident, such as photographs
• Statements from customers and workers who may have witnessed the accident
• Medical bills resulting from the injuries and the doctor’s diagnosis
• Work checks and other documentation to help you demonstrate lost wages

The demand letter should be written in proper legal format, meaning you should leave this to a lawyer.

Once their insurer receives the claim, you will get a response accepting or denying liability or asking questions around the incident and your resulting damages.

Liability is often denied or not accepted. An experienced lawyer should guide you on the merits of your claim and the litigation process. If liability is proven, settlement discussions can be arranged to resolve your claim out of court. If the claim is disputed, litigation can proceed and the parties including store supervisor, manager or employee, will be required to attend court to answer questions about the incident by way of an examination for discovery.

What You Should Know If You Slip and Fall at a Fast Food Restaurant

Slip and fall injuries in fast food restaurants are fairly common. They can happen as a result of a wet and slippery floor, obstructions in your path, or floor defects among other reasons.

Many falls result in injury which can cost the victim significant losses including healthcare and rehabilitation expenses. It is not unusual, therefore, for injured people and their families to seek compensation by filing a personal injury claim against the businesses for their negligence.

Personal injury claims are meant to cover your medical costs and compensate you for any pain and suffering which you may have experienced along with any economic losses.

A slip and fall accident can happen as a result of negligence on the part of fast food restaurant owners and their employees. Vigilant employees can avoid accidents by quickly cleaning up spills and removing any safety hazards from the restaurant environment and taking reasonable measures to ensure the restaurant is clean and safe for patrons.

There are many conditions which will determine whether you have a rightful claim against an establishment when it comes to slip and fall accidents. These include:

• What caused you to slip?
• Did the property owner know or ought to have known of the condition that caused you to slip?
• How long had the slip hazard been there?
• Were there hazard/caution signs in place?
• Was there poor lighting or limited visibility?
• For a liability claim to succeed, there must have been negligence on the part of the owner or his employees. They must have legal responsibility for the accident and resulting losses.

What to Do If you Fall in a Fast Food Restaurant, private property or other related establishment

Take note of the surroundings

Try to get a full understanding of what caused you to fall. Was the floor wet? Were there obstructions? Was there sufficient light? You can use these details to determine what the staff could have done to prevent the accident.

Use your smart phone to take photos of the scene. Pictures of all the surrounding areas could help you to convince the jury of your version of events.

Find witnesses

Other customers in the fast food restaurant at the time could serve as witnesses to what took place. Approach witnesses and get all their contact details including name, address, phone number and email address.

Get medical attention

Your state of health as determined by the doctor is the first step in building up case when you’ve slipped and fallen. By seeking medical attention quickly, you not only have the best chance of recovering quickly, but it provides proof of timing. This will prevent the defendant from claiming that you were injured after the incident.

A doctor can also identify injuries that you may not have noticed so that you can build a complete case with all the relevant details.

Make a report and write things down

Report the accident to management.

As soon as you get a chance make full notes of exactly what occurred. Memories fade and the sooner you record the facts, the better.

Engage the services of a good personal injury attorney

An experienced personal injury attorney will ensure that your side of the story is told. They know what questions to ask and what evidence will strengthen your case to help establish the legal groundwork to prove your claim.

The team at Grillo Law has years of experience in personal injury claims. We understand what it takes to win a claim. Call us today at (416) 614-6000 for a free consultation. Note we do not charge any money upfront, and you do not pay unless and until the claim is won.