Slip and fall accidents can occur anywhere. These can result in injuries varying from minor bumps, bruises, broken bones, or might even be worse.
Wendy’s is a popular fast-food chain with several restaurants across the world. In the U.S.A. alone, Wendy’s has a total of 5,877 dining establishments. Started by Dave Thomas, its very first restaurant was opened in 1969. Their burgers, trademark Frosty, and also sea salt fries have swiftly become a sensation worldwide.
Unfortunately, fast-food restaurants such as Wendy’s can be potentially dangerous where slips and falls can occur. There are numerous locations within the food facility where mishaps occur, including the condiment station. They are likewise likely to have slippery or greasy floors due to specific food items, oil from food preparation, and damp mopped floors.
In addition to all these, dining establishments like Wendy’s obtain even more foot traffic and also have slim walkways surrounded by tables and chairs can contribute to mishaps.
Wendy’s website insists on providing tidy tables, chairs, and toilets for their customers. For this reason, promptly maintaining a clean environment is the establishment’s obligation.
In one suit filed by a customer for a slip and fall insurance claim due to some oil in the restaurant’s location, the complainant won, which granted her $202,000.
Wendy’s Owes You a Duty of Care
Sector laws and state legislation require Wendy’s to maintain their dining establishments tidy and devoid of security threats. The personnel is legally bound to exercise a duty of care to avoid accidents like slips and falls on the residential property.
This obligation of care includes:
- Maintaining the dining establishment to keep it risk-free
- Keeping an eye on the dining room
- Cooking area
- And parking area for prospective risks
- As well as fixing bothersome locations within a reasonable amount of time
- And warning customers of a hazard that continues to be unsettled.
With this obligation, you have already met one demand of your injury situation against Wendy’s.
For a court to consider granting you compensation for your injuries, the legislation additionally requires that you show the following:
- Wendy’s failed to satisfy its responsibility of care.
- This violation of duty triggered your slip and fall accident.
- You suffered physical, financial, as well as psychological damages.
Courts and also insurers expect you to supply arguments and proof to sustain your case. For this reason, numerous slip and fall mishap sufferers hire an attorney to represent them in this type of legal action.
Carelessness and Also Premises Liability
Proving negligence needs four aspects:
If you are going to recoup payment for your injuries, your Wendy’s injury attorney must prove each of these four elements about your situation.
For instance, in the case of a slip and fall accident such as the one that happened at the Texas City Wendy’s, the injured party will undoubtedly need to first verify that the restaurant had a duty of care.
A customer is a guest under the law, and it is usually simple in Texas to prove that a business has a responsibility to keep customers reasonably safe.
The following component, breach, is more controversial as well as harder to prove. In premises liability situations, the plaintiff must prove each component.
In the lawsuit case filed against Wendy’s, the case must prove that the fracture in the floor was unreasonably dangerous and that the restaurant knew, or need to have known, that the risk of safety was unreasonable.
Proving slip and fall cases can be complex; that is why you must hire a Wendy’s injury attorney.
Lastly, to recover payment, the victim should verify that the unreasonable safety and security threat produced by the crack in the floor was a direct root cause of the injuries. Those injuries triggered the event to sustain genuine losses.
Collaborating With The Insurance Company
Using the evidence we gather in our examination, our lawyers will create a demand letter that lists all your losses and their economic values. We will provide this demand letter to Wendy’s insurance firm, most likely responding with a counteroffer.
Now, our legal representatives will sit down to bargain a fair negotiation. If the insurance provider declines to accept a fair amount, our firm will not think twice to submit a civil legal action in your place and take the issue to trial for a jury to choose.
Types of Damages You May Recover
Every slip and fall mishap case is different. The amount you receive will likely depend on the extent of your injuries. Your settlement will undoubtedly depend on your injuries, their extent, as well as exactly how they affect you today and into the future.
You may be able to recoup these damages:
- Medical expenses
- Lost wages and benefits
- Pain and suffering
Your legal representative can lay out the value of your case once they evaluate the evidence.
An Injury Attorney For Slip and Fall Mishaps at Wendy’s Can Help You
You lose nothing by calling The Adley Law Firm after your slip fall mishap. We work with a contingency fee basis, which indicates you pay us no legal fees unless and till we win a negotiation or court award on your behalf.
However, by not acting promptly, you do stand to lose time– something you absolutely can not afford to lose. Your state enforces a statute of limitations that limits the quantity of time you have following your slip and fall against Wendy’s. The sooner you employ an attorney to begin your pursuit of payment, the more time you give to build your case and fulfill this deadline.
Call us today for a free case evaluation at (713) 999-8669; our Wendy’s injury attorneys will fight to grant you the compensation you deserve.