Disputing Fault for a Slip and Fall at a Dunkin Donuts

Fast food outlets are frequently the site for simple accidents like slip and falls. These may be due to carelessness on the part of the customer, but just as often it is due to negligence on the part of the management of the outlet. Managers of places like Dunkin Donuts and other fast food outlets and bakeries are expected to do as much as possible to keep customers safe, including mopping up mess on the floor and preventing hazards from occurring.

If you have slipped and fallen in a fast food outlet or bakery, and have suffered any kind of injury, you may be able to claim compensation from the company or management, as long as you can prove that it was their fault. Fault implies that the cause of the injury was due to negligence.

How to Prove Negligence Caused a Slip and Fall

To prove that the accident and injury was due to negligence you will need to show that:

  • your injury was caused by an identifiable hazard;
  • the hazard was potentially dangerous and shouldn’t have been present;
  • the management or employees knew about the hazard but hadn’t dealt with it; or
  • the management or employees had had sufficient time to deal with the hazard but had not done so.

It would be unlikely that you could convince an insurer that their client (e.g. Dunkin Donuts) was liable for your injuries unless you have evidence that each of the criteria above is met. For example, you may have slipped over on a spilled soda on the floor, but if the soda had spilled just before you stepped on it, it would be unreasonable to suggest that the management or employees were negligent. If the soda had been on the floor for at least half an hour and customers had already mentioned it to the staff, then this would be considered negligence.

Evidence to Show a Slip and Fall was a Fast Food Outlet’s Fault

There are three main ways you could show that your injury was the fault of the fast food outlet where your accident took place.

  • You can show that there was an actual hazard on the floor of the outlet which was the cause of the accident. Use a cell phone (or someone else’s if you don’t have one) to take photos of the hazard and surroundings and your injuries.
  • Eye witnesses are very likely to be present and nearby in places like this. At least one or two would have seen the accident and may consent to provide statements confirming what they saw.
  • Many fast food outlets have some kind of security cameras installed to prevent theft or disturbance. If your accident was filmed, then a subpoena should allow video footage to be used as evidence of when the spillage or leak happened but also the accident itself.

Disputing Fault for a Slip and Fall at a Dunkin Donuts

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Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Dunkin Donuts or any other party, you may not be entitled to any compensation.