Fast food restaurants are a great place to seize a quick and tasty breakfast, lunch, dinner, or a late-night snack! Yet, eating inside of the facility and getting injured can do more than spoil your appetite. It can also have significant ramifications for the rest of your life. When you’re wounded inside a fast-food restaurant, like Jack in The Box, you may be eligible to recover damages for your medical bills, pain and suffering, and more.
What Is a Personal Injury Claim?
Personal injury is part of a set of civil laws. Personal injury claims were designed to compensate individuals who are harmed physically, financially, or emotionally via the negligence of some other individual or company.
Personal injury covers several numerous claims; it all depends upon the idea of negligence.
4 Elements Must be Proven
Slip and fall cases are one of the most common claims in opposition to fast food establishments.
If you slipped and fell, your incident has to satisfy the following four elements:
- Employers and the owner must owe an obligation
- They have to breach their duty
- The employer or owner should have known of the hazard and failed to do anything
- The breach of duty resulted in an injury
It is imperative that you hire a Jack in The Box injury attorney to handle your slip and fall case so that you receive the maximum compensation possible.
Must Owe an Obligation
Jack in The Box must owe an obligation to you as a customer. Duty is the primary element in a way that an individual must or shouldn’t do something. In a slip and fall scenario, the person must maintain their floors as safe and dry as possible to protect their customers.
Has to Breach Their Duty & Failed to do anything About it
Jack in The Box has to breach their responsibility. If, for instance, a worker knew of a damaged ice machine that was spilling ice and water onto the ground, they have to do something to protect their customers, including setting up a warning sign notifying customers of the threat and cleaning up the hazardous area. If the employers or the owner failed to alert customers of the risk in any manner, this could be a breach of their duty.
The Breach of Duty Resulted in an Injury
The breach of duty has to have caused your injury. It can’t be as simple as a wet floor. A customer has to slip and fall and be injured for the breach to cause any harm. For example, they may have slipped and fallen and broken their foot. Moreover, they may have slipped and fallen and hit their head on the counter. There are several damages you could declare while filing a personal injury lawsuit.
Proving Negligence in A Slip and Fall Case
The key to effectively filing a claim for damages in a slip and fall case is proving negligence. You have to have proof that Jack in The Box is liable for the accident because they failed to put up a warning sign or protect customers from an unsafe situation. To show that they may be at fault, you’ll need proof of their negligence.
There are numerous types of proof that you could use to prove your claim:
- Photos/ videos
- Witness statements
- Gather evidence ASAP
- Filing a claim
Take Photos & Videos
Suppose you aren’t severely injured in which you require emergency medical attention. In that case, you should use your smartphone to take photos and videos of the area and your injury after the accident so that you can capture the scene of how you fell and injured yourself. Make sure that you take photos and videos from numerous angles that show the liquid on the ground, the lack of any signs warning customers that there’s slippery ground, and anything else that could help your case.
Gather Witness Statements
Witness statements are also critical proof. Other individuals that had been nearby while you fell can corroborate your story and provide evidence of the dangers that had been present. If feasible, get the witnesses to jot down their statements immediately. Make sure that you get their names and contact information.
You may also record a video of them telling you what they saw. Also, make sure that they announce their names and contact information in the video. Getting in touch with any witnesses afterward may be very critical for your case.
Gather Evidence Fast
It’s extremely critical to gather proof as soon as possible because the employer or owner may quickly remove the dangerous condition, and any witnesses might walk out without giving a statement. That’s why it is imperative to collect as much evidence as possible right after the accident occurs. If you are seriously injured, get a witness or an individual to take photos and videos of the scene and your injuries.
Filing A Claim
Furthermore, you must file a claim as soon as possible. Each state has a different statute of limitations for slip and fall or personal injury cases; however, the statute of limitations is two years in many states. It doesn’t necessarily mean that your claim will take two years to resolve; it merely means that you have only two years to file or you risk recovering any compensation for your claim.
Protect Your Legal Rights
If you have been injured at Jack in The Box, you may be eligible to recover monetary compensation for your injuries. Make sure you file your claim as soon as possible so that your attorney can recover the damages you are owed. Contact a Jack in The Box injury attorney to have your claim evaluated.