Going out for a sweet treat can be a lot of fun. However, what would you do if a $3.00 ice cream cone turned into a financial nightmare for you because you got hurt inside of Baskin-Robbins or any other ice cream shop?
If you were hurt, how would your family pay the monthly expenses? How would you be able to pay for the medical care that you would need? Fortunately, there could be financial assistance available for you through a personal injury claim.
If you slipped and fell and you were not responsible for the accident, the company could potentially owe you damages to pay for your medical bills, lost wages, or more. You will need to be able to show that the ice cream shop was at fault for your injuries.
What Happens If You’re Hurt?
What happens if you walk into a Baskin-Robbins or any other store to eat ice cream and you slip and fall, hit your head, and break your ankle? Generally, when you’re injured because of the negligence of another party, your claim falls under personal injury. This is part of the civil law system.
Personal injury claims are based on the concept of negligence. Negligence means that someone did or didn’t do something that caused another person to get hurt. For instance, if the floor was slick because of water and an employee knew and did nothing to warn customers (such as setting out a sign), that may be seen as a negligent action.
If you were hurt while visiting an ice cream shop, you should speak with a qualified personal injury attorney right away to help protect your legal rights. You only have a certain amount of time after your injury in which you can file your legal claim.
Four Elements of a Personal Injury Claim
There are four elements that make up a personal injury claim. Depending on your actual experience, how each element is met may be different. If you believe that your claim matches the following items, please contact a personal injury attorney to have your potential claim evaluated.
- The restaurant owes a duty to their customers. The overall duty is a relatively safe experience in their store. In the context of a slip and fall, all ice cream shops, including Baskin-Robbins, have a duty to keep their floors dry and safe.
- There must be a breach of their duty. If an employee knew about a slick spot on the floor and did nothing at all about it, that may be seen as a breach of their duty of safety. So, if the spill weren’t mopped up or if there was no sign stating that the floor was wet, that may be seen as a breach.
- You must have an actual injury. A wet or slick floor along with an employee who does nothing about it isn’t enough to create a claim. You must suffer from a physical, financial, or emotional injury. This could be a broken arm, a closed head injury, or any number of things that happened that caused you to need medical care after the slip and fall.
- The but-for test must be fulfilled. This determines the cause of the accident. In the context of a slip and fall, it might look like this: But-for the puddle of water near the bathroom that did not have a sign near it to notify customers that the floor was wet, the plaintiff would not have fell and broke her hip.
Protect Your Legal Rights
If you were hurt while at Baskin-Robbins or any other ice cream shop, you may have a claim for personal injury. Contact a personal injury attorney right away to protect your legal rights.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Baskin-Robbins, you may not be entitled to any compensation.