At Madalon Law, our restaurant slip-and-fall lawyers can help in recovering compensation. Contact us today to schedule a consultation. You won’t owe any fees unless we win your case and secure compensation for you!
Americans are spending more on restaurant food than ever before. In fact, according to USA Today, expenses in this category have increased 10% in 2024 and are set to increase further in the future. This is despite the fact that the cost of restaurant food has increased by 6%. Even if you are part of the 1% that isn’t eating out as much, a restaurant meal can take a huge bite out of your budget.
So when you are at a local Wendy’s or Starbucks, a slip-and-fall accident is the last thing you need. Yet these unfortunate and preventable incidents are common in restaurants, bars, and other eateries. Whether it’s a spill from a drink, remnants of food, or a freshly cleaned but still wet floor, these hazards can cause physical injuries and financial and emotional stress.
Like all Florida businesses, restaurants must ensure their premises are safe for customers. This means taking proactive steps to prevent accidents like slips and falls. Regular maintenance, prompt cleanup of spills, clear signage around wet areas, and using non-slip mats are some of the measures that can prevent accidents.
When these precautions aren’t taken, and an accident happens, the consequences can be severe. Expensive medical bills, lost wages from time off work, and emotional distress are just a few damages you can incur. The good news for victims is that restaurant owners can also face legal liability for negligence if they fail to uphold their duty of care to patrons.
The following common hazards can cause a slip-and-fall accident in a restaurant:
Restaurant slip and fall attorneys can determine liability to ensure maximum compensation. This involves witness statements, investigation, and even surveillance footage if needed. The aim is to prove negligence to make the other party pay.
Restaurant slip and fall injuries can be minor or severe, depending on the accident type. Common injuries your personal injury attorney can get compensation for include:
Fractures
Fractures, or broken bones, are serious outcomes of restaurant slip and fall accidents. The force and angle of a fall can fracture wrists, arms, ankles, and hips. For example, if you slip on a wet floor at Red Lobster, extending your arm to break your fall, you might fracture your wrist. Similarly, a fall directly onto the hip or side can cause a hip fracture.
Treatment often involves casts or splints to ensure proper alignment and healing. In severe cases, surgery may be necessary. Metal rods, screws, or plates may be needed to heal the bone.
Recovery from fractures can be long as it may involve physical therapy. Prompt and appropriate treatment can prevent complications. However, medical treatments can be costly, regardless of whether you have health insurance.
Sprains and Strains
A slip on a condiment packet at a restaurant or a stumble over a chair leg at a local coffee house can make you twist and fall. These accidents cause sprains (ligament injuries), or strains (muscle or tendon injuries). Commonly affected areas include the ankles, wrists, and knees.
Sprains and strains can range from mild to severe, impacting your ability to move and perform daily activities. For example, a severe ankle sprain from a fall might make walking difficult. Similarly, a wrist strain could make lifting objects difficult.
Treatment for sprains and strains often involves the RICE protocol: Rest, Ice, Compression, and Elevation. This helps reduce swelling and pain, promoting faster recovery. In more severe cases, physical therapy may be necessary to restore strength and flexibility. Proper treatment is essential to ensure a full recovery and to prevent further complications.
Spinal Cord Injuries
In rare cases, restaurant slip and fall accidents can cause spinal cord injuries (SCI) with severe and lasting results. A fall that impacts the spine or neck can damage the spinal cord. This can cause partial or complete paralysis, loss of sensation, and impaired bodily functions.
SCIs are serious and require immediate medical attention. Treatments might involve surgery, medication, and long-term physical therapy. However, in some cases, complete recovery may be impossible. In this case, victims might need long-lasting physical rehab, medical treatments, and changes in their homes to accommodate limitations.
Knee Injuries
Slip and fall accidents can cause various knee injuries, leading to significant pain and discomfort. Common injuries include knee sprains – the ligaments supporting the knee are stretched or torn. For instance, twisting your knee during a fall might sprain the medial collateral ligament (MCL), causing swelling and pain. Knee strains, where the muscles or tendons around the knee are overstretched or torn, are also common. An awkward fall can strain the quadriceps muscle, causing soreness and movement issues.
Meniscus tears are another frequent injury. In this case, the cartilage cushioning the knee joint is damaged. A sudden impact or twisting motion can tear the meniscus, causing pain, swelling, and stiffness.
Shoulder Injuries
Slip-and-fall accidents can cause shoulder injuries, impacting your ability to move and causing discomfort. One common injury is a shoulder strain, which happens when the muscles or tendons around the shoulder overstretch or tear.
For instance, you might strain the rotator cuff if you try to catch yourself with your arm when you slip. This causes soreness and limited arm movement.
Shoulder sprains are another concern. These happen when the ligaments in the shoulder are torn or overstretched. An impact or awkward fall can damage these ligaments, causing pain and swelling. In severe cases, you can dislocate your shoulder.
Shoulder fractures are also possible. The shoulder bone can break with a hard impact. This injury is usually severe. It may require medical intervention and a long recovery. Shoulder injuries can hinder daily activities and often need physical therapy for restoration.
Slip and fall accidents don’t just result in physical injuries. They can also cause emotional and psychological issues. A fall can be traumatic, especially if it causes serious injuries or disrupts your daily life.
Common emotional and psychological impacts of such accidents include:
Fear of Falling Again
After a slip and fall accident, fear of falling again is common. This anxiety can make you avoid certain activities and places. As a result, your quality of life may suffer. You might stop going out as much, leading to social isolation. Decreased physical activity is also a risk, which can affect your overall health.
Anxiety
Anxiety is a common response to slip and fall accidents. You may constantly worry, remain restless, or get panic attacks when thinking about the accident or facing similar situations. Anxiety can make daily tasks difficult and you may isolate yourself out of shame.
It can also worsen physical symptoms like pain or tension, making recovery challenging. This strong anxious state can cause sleepless nights and a constant uneasy feeling, significantly impacting your overall well-being and quality of life.
Depression
Serious injuries from a slip-and-fall accident can cause long-lasting sadness, hopelessness, and depression. Your inability to perform everyday activities or participate in enjoyable hobbies can cause a sense of loss.
Chronic pain and prolonged recovery periods can also take a toll on your mental health, leading to frustration and helplessness. The emotional burden can slow the healing process, affecting your overall quality of life.
Post-Traumatic Stress Disorder (PTSD)
Some restaurant slip and fall accidents can cause post-traumatic stress disorder (PTSD). The condition causes flashbacks, nightmares, and severe anxiety related to the traumatic event.
You might avoid situations that remind you of the accident, get strong reactions to stimuli (like a wet floor), and intrusive thoughts about the fall. PTSD can significantly impact your daily functioning and requires professional treatment.
Impact on Relationships
The emotional and psychological effects of a slip-and-fall accident can strain relationships with family, friends, and colleagues. Mood changes, anxiety, or depression can cause withdrawal or irritability, affecting your personal relationships.
Support requirements from caregivers can cause stress and tension in relationships. This added strain can slow the recovery process, impacting your emotional well-being and personal life.
Loss of Independence
Fear and anxiety after a slip and fall can make you overly cautious, reducing your independence. You might rely more on others for tasks you used to do yourself, which can lower self-esteem. This loss of independence is tough for those who value independence.
A personal injury lawsuit requires a personal injury lawyer skilled in Florida premise laws. Contact restaurant slip and fall attorneys at Madalon Law for a stress-free consultation. They understand and can protect your rights as you pursue your personal injury claim.
A restaurant slip-and-fall accident can be unsettling. Use this simple guide to protect your rights and secure compensation right after the incident:
Depending on the severity of the accident, you can suffer economic and non-economic damages. Florida slip and fall attorneys can ensure fair compensation for the following:
Medical Care Expenses
Medical expenses cover the costs associated with treating injuries from a slip-and-fall accident. This includes emergency room visits, surgeries, hospital stays, doctor consultations, medications, and any necessary medical equipment.
For example, if you slip on a wet floor in a restaurant and break your leg, medical expenses may cover initial emergency treatment, follow-up visits, and rehabilitation therapies.
Rehabilitation Therapy Costs
Rehabilitation therapy costs include expenses for specialized therapies for physical function and mobility after the accident. This includes physical therapy, occupational therapy, and speech therapy if there are speech impairments.
For instance, if a slip and fall accident in a restaurant caused a head injury, extensive therapy may be necessary. This could involve ongoing sessions for regaining cognitive and motor functions.
Pain and Suffering
Pain and suffering damages compensate for physical pain, emotional distress, and mental anguish caused by the accident. This includes immediate pain during recovery and long-term discomfort or chronic pain from the injuries.
For example, someone who slips on a spilled drink in a restaurant and suffers a back injury may experience ongoing pain. The pain can prevent them from doing basic tasks impacting their overall well-being.
Lost Income and Reduced Earning Capacity
Lost income covers wages you are unable to earn due to missed work as you recover from your restaurant slip and fall injuries. Reduced earning capacity compensates for future income losses if your injuries lead to a permanent disability.
If a slip and fall accident breaks your arm, you may not work for several weeks. Lost income would cover the wages lost during recovery.
Reduced Quality of Life
Compensation for impaired quality of life addresses how the slip-and-fall accident affects one’s well-being and daily life. This includes limitations on physical activities, hobbies, and personal enjoyment.
For instance, if you fractured your hip you cannot take part in physical hobbies. This can reduce your quality of life which can cause psychological and physical issues later on.
A restaurant personal injury lawyer can hold negligent restaurant owners liable for your injuries. Here are some ways they can secure compensation so you don’t pay out of pocket:
The restaurant owner’s insurance company may contact you after your slip and fall accident. They may even be friendly and concerned. But, they are not looking out for you. Insurance companies are businesses and their focus is their bottom line, not your compensation.
Some of the tactics they may use to weaken your claim include:
Sound Concerned
After an accident, you might want to explain what happened, but be careful with insurance companies. They want to hear from you, but your words can be used against you. During calls, insurance adjusters let you talk freely, listening for anything that might make you liable.
Accident details can be subjective, so don’t guess the details when talking to your insurance company. They’ll investigate on their end to get the facts.
Only share facts backed by evidence, and always check with your Florida slip and fall lawyer first. If you’re unsure about something, say “I don’t know.”
Ask for Extra Details
Only answer the questions asked by the insurance adjuster. Give brief and simple responses that directly address the question without extra details. Anything you say can be used against you. So avoid long discussions and unnecessary information.
Providing too much information could harm your case and reduce your chances of receiving full compensation for your injuries and losses.
The insurance representative doesn’t need to know details of your life after the accident. Avoid discussing details about your family, job, past accidents, injuries, etc.
Ask About Family Members
Insurance companies thoroughly investigate accidents and injuries to determine liability. They look for ways to reduce claim values, often gathering information after their initial assessment.
One tactic they use is contacting friends, coworkers, family members, doctors, and witnesses. They want as much info about the accident, your injuries, and your recovery.
Avoid discussing your case with friends and family. Plus, do not provide their names or contact information to the insurance company. Even well-meaning loved ones could say something that can harm your claim. While insurers may find information through other means, you don’t need to make it easier for them.
If people close to you have information relevant to your case, tell them to share it with your lawyer to strengthen your claim.
Ask for a Recorded Statement
Insurance companies sometimes request a recorded statement from a claimant. But you don’t have to do this since it doesn’t benefit you.
Insurers love recorded statements since they can examine them for inconsistencies and use your words against you. They may take statements out of context or find contradictions to weaken your claim.
When asked for a recorded statement, politely decline during the initial call. Tell them you’re not prepared to give a statement at that time. Insurance companies usually back off if claimants involve their personal injury attorneys.
Your personal injury lawyer knows what you should say and what to avoid. Ask the adjuster to contact them instead.
Offer a Lowball Settlement
Insurance companies usually offer lowball settlements, which are lower than what your claim’s worth. They may try to convince you that this is the best you can expect so they can save money.
You have the right to negotiate for a fair settlement that covers your losses fairly. A personal injury lawyer can help you understand the true value of your claim and handle the negotiation process for you.
Ask for your Medical History
Insurance companies often downplay injuries by making claimants discuss preexisting conditions. This includes factors that could explain your symptoms.
They may ask for medical records related to your accident and ask for signatures on broad release forms. These give them access to your entire medical history. They can then use past injuries or conditions against your claim.
For example, if you had a back injury a long time ago, they might argue it’s unrelated to your current accident. To protect yourself, don’t give insurance adjusters medical records or sign any forms without a lawyer. Your slip and fall attorney can ensure you only provide necessary information and protect your rights.
Why should I get medical help after a restaurant slip and fall accident?
After a slip and fall accident, see a doctor right away. Falls can seem minor but may cause serious problems later. A prompt examination helps you understand your health and ensures you get the right treatment. It also provides documentation linking your injury to the fall, supporting your compensation claim.
Can I sue the restaurant if they fail to take quick action after I slip and fall?
Yes, a restaurant can be sued if its staff fail to help a slip and fall victim. This is negligence, especially if it worsens injuries. Restaurants are responsible for keeping their patrons safe.
This includes offering help if an accident occurs. If the staff’s failure to act is a breach of this duty, the victim might have grounds for a lawsuit.
What evidence is necessary for a restaurant slip and fall claim?
Your personal injury lawyer will use the following evidence to strengthen your restaurant slip and fall claim:
What should restaurants do to prevent slip and fall accidents?
Slip and fall accidents are preventable, a fact that restaurant owners and their insurance companies understand. Preventative measures, like better employee training and quick spill responses, require investment.
A smart restaurant owner prevents accidents by:
What if a customer spilled something and then slipped on it? Do they have a claim?
Yes, a claim can still be filed against the restaurant if a customer causes the spill. To have a viable claim, the injured party must show that the restaurant knew about the spill. This includes showing they should have discovered and cleaned it in a reasonable amount of time. Additionally, the injured party must prove they were unaware of the spill before the slip and fall.
How do I prove negligence in a restaurant slip and fall case?
If you slipped in a puddle at a restaurant, broke your hand, and are considering a claim, understand that it involves proving negligence. You must show:
You need to prove that the restaurant:
In Florida, contributory negligence means your compensation will be reduced if you are partly at fault. The restaurant might say you weren’t paying attention or entered an off-limits area. They might even say the wet floor was obvious.
You can still file a claim against them, but you’ll need a personal injury lawyer. A lawsuit may be necessary if negotiations fail.
How will my Florida slip and fall attorney negotiate my settlement?
Insurance companies and defendants often try to reduce payouts or deny claims.
A personal injury lawyer gathers and examines proof for a fail settlement. This includes medical records, police reports, witness testimonials, lost wages, and other documentation to establish liability. These also quantify damages.
With their knowledge of personal injury laws, they counter lowball offers and negotiate aggressively to ensure full compensation for medical expenses, lost wages, pain and suffering, and other damages.
They challenge lowball offers head-on. They negotiate to secure full compensation for medical expenses, lost wages, pain and suffering, and other damages.
What is premise liability?
Premises liability means property owners must ensure their property is safe. If someone is injured due to unsafe conditions caused by the owner’s negligence, the owner may be responsible for the injury costs.
What is Florida’s statute of limitations for premise liability claims?
In Florida, you must file a lawsuit or premises liability claim within four years from the accident date. If the accident caused a loved one’s death, you need to file a wrongful death claim within two years.
Although two or four years might seem enough, a strong premises liability case takes time to develop. Act quickly to strengthen your claim.
Who is liable for my restaurant slip and fall injuries?
The following could be held responsible for your restaurant slip and fall injuries:
In general, it’s about who didn’t keep the place safe.
If you’ve been injured, Madalon Law is here to help. Our experienced restaurant slip and fall lawyers will investigate your personal injury cases, gather evidence, and fight for the compensation you deserve.
Restaurants may try to deny responsibility, but we’ll hold them accountable. Our law firm is dedicated to securing the best possible outcome for you.
Don’t settle for less. Contact the slip and fall lawyers of Madalon Law now for a free consultation. Call us today or visit our website to get started. Get in touch for your free case evaluation today!
Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.
