If I slipped and fell at a fast food restaurant 2 weeks ago and was injured, what sort of action should I take?

UPDATED: Aug 1, 2014

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If I slipped and fell at a fast food restaurant 2 weeks ago and was injured, what sort of action should I take?

The floor was wet and there were no caution signs to warn customers. I fell on my hip and pulled my groin. I reported the incident to the manager but I haven’t received any correspondence about how, or if, I will be compensated for lost wages, pain and suffering, etc. Do I have to contact a lawyer?

Asked on August 1, 2014 under Personal Injury, Maine


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you want to seek compensation, you'll have to sue if they do not voluntarily compensate you. Bear in mind the following:

1) You can only recover an amount equal to out-of-pocket medical bills, actual lost wages which you can prove came from the injury, and IF the injury caused you significant impairment or disability for several weeks or longer, some amount for pain and suffering--usually (very rough rule of thumb) equal to the amount you receive for the medical bills, more or less.

2) You'll have to pay your own legal costs and will not be able to get them back from the other side.

3) You'll have to prove they were negligent or careless--e.g. that the wet floor had been there long enough (more than a few minutes) that they'd be expected to have seen it and taken action--that is, if another customer spilled something right before you slipped, the restaurant would not be liable, since in that case, there was no reasonable chance for them to have taken action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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