If you were injured in a fast food restaurant, you may want to consider your legal options. Continue reading and give our skilled New York City & Westchester County slip and fall lawyer a call today.
How can a slip-and-fall accident occur at a fast food restaurant?
It may be a surprise to many, however, fast food restaurants have more possible hazards than most businesses because of the messy essence of working with food and also a result of a fast-paced environment. Some common ways that people slip and fall in a fast food restaurant are:
- Fall over debris left on the floor or damaged surfaces in the parking lot
- Slip on a spill near the soda dispenser
- Slip-on water or trip over a loose tile in the bathroom
- Trip over an upturned rug or mat
- Slide on dropped food
It is important to recognize that this list is not exhaustive, and not everyone who slips and falls in a fast food restaurant may be entitled to financial compensation.
Who is held liable for a slip and fall accident in New York?
If you fall and sustain an injury, you may choose to file a lawsuit against the establishment for which the incident took place. It is then up to you, the plaintiff, to establish that the company or employees bear responsibility for your injury. This requires proof of liability or negligence.
How can I prove negligence?
In order to show liability or negligence, you have to demonstrate that the property owner or manager should have known about the dangerous condition because any reasonable person would know and warn customers in a comparable instance. You may also want to prove that the property owner, manager, or employee caused the dangerous condition and should have reasonably assumed that someone would slip and fall.
The standard for reasonableness is established on how the average, prudent person would handle the situation. Some other factors that you should consider when trying to figure out if the defendant was negligent include the following:
- How was the lighting and visibility in the area where you experienced the fall?
- Did the dangerous condition or obstacle exist long enough that the property owner had more than enough time to take action and remove it?
- Was any warning signage or barrier to prevent access present that could make the dangerous condition less dangerous?
- Did the property owner, manager, or employees have a policy that required a routine check of the property for potential hazards? If they did, is there a log to show that these requirements were met?
- Did the property owner or manager have a reasonable excuse for creating the hazard? If they did, is there justification for how long it was there?
Proving liability in a slip-and-fall case is not always easy. The first reaction of the property owner is typically to argue that you are either fully or partially responsible for the incident. The burden to prove otherwise is yours.
CONTACT OUR EXPERIENCED NEW YORK FIRM
Baez Legal Group handles a wide array of injury claims, including those sustained in auto accidents, slip & falls, and more. Contact us today to schedule a free consultation.