Slip and Fall in Wendy's*

Slip and fall injuries can occur anywhere at any time if the circumstances are right. Injuries can range from minor with bumps and bruises up to broken bones or worse. A claim that is filed for slip and fall can potentially help pay medical costs that you have incurred from the fall. You may also collect damages due to any pain and suffering you experienced due to your fall.

Potential Slip and Fall Accidents

Whenever a customer visits a fast food restaurant, there are potential hazards. Areas where food is commonly found, such as the condiment station, are particularly dangerous. Some items that could cause a slippery environment in burger joint include:

  • Food, including ice cream, condiments and the like
  • Grease from cooking, bottom of shoes, etc.
  • Recently mopped floors, especially if an employee forgot to put up a DANGER sign
  • Weather, especially in an area where ice and snow can culminate.

Many restaurants serve chili and sour cream, which add to the possibility of slipping in the restaurant if the floors are not cleaned properly.

Slip and Fall Claim/Compensation Calculator

When calculating how much to claim after a slip and fall accident at a fast food restaurant it can be convenient to use one of the many available simple compensation calculators available. Your attorney can show you how to use one. An example is given below.

These are the components of a slip and fall claim which you need to fill in. Online calculators do the math for you and come up with an overall final figure.

  1. Fill in the cost of all medical treatment you have had so far
  2. Fill in the cost of any property damage you have suffered, e.g. a wrist watch or cell phone
  3. Fill in the cost of lost earnings so far.
  4. Fill in the estimated cost of future medical treatment based on a prognosis from your doctor and specialists if any involved in your treatment so far.
  5. Fill in the estimated future lost earnings.
  6. Use a multiplier (usually between 1.5 and 5) to provide a figure for all non-economic damages. The more serious the injury, or the more negligent the actions of the defendant, the higher the multiplier should be. In practice, the number you use should be advised by an attorney based on past experience and familiarity with your case.

When it comes to filing your claim, you will need to have documentation available to justify the calculation you have made. All medical costs should have bills or invoices available. The cost of property damage should be provided as invoices for repair or replacement.

Evidence of recent earnings from your job should be provided from your employer. Future costs are more difficult to determine exactly, but a doctor or specialist may help to write a report indicating what may be needed.

Your attorney will need to help you decide on the multiplier to arrive at a figure for non-economic damages based on a subjective appraisal of the severity of the injury or scale of negligence.

Past Cases and Settlements

Customers should not be wiping down their own tables, meaning that the restaurant has a responsibility to keep the dining room and other areas of the restaurant clean. Even if a customer spills his or her drink, it is the responsibility of an employee at the restaurant to clean the mess in a timely fashion.

Slip and fall injuries vary depending on the way the accident victim fell over, what caused the slip and fall, the ability to react, if they hit anything sharp or hard and what part of the body was hurt. Typical injuries include:

  • sprains and strains, especially of ankles, wrists, hips and shoulders;
  • broken bones, especially arm and hand bones;
  • spinal damage;
  • facial and head injuries, including traumatic brain injury.

Working With a Lawyer For Your Slip and Fall PI Claim

Be sure to save all medical bills or receipts of lost wages if you have been injured at Wendy’s, or any other location. You will need a wealth of information on how much you’ve paid due to your injuries to be able to compensate for these bills in a personal injury claim. If you or someone you know has been injured in a slip and fall accident anywhere, be sure to contact a personal injury lawyer. A personal injury attorney will be able to help with finding out the statute of limitations in your state, calculate what damages you should be entitled to, and defend your claim in court if need be.

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