Slip and Fall in Wendy's

Wendy's is an American-based international food chain started in Ohio by Dave Thomas in 1969. It's the third-largest hamburger fast-food chain after Burger King and Mcdonald's and has 6,7111 locations to date. Most of the company's sites are franchises which means the company decides standards for the outdoor appearance, quality of food, and menu items. However, the individual stores' owners control location pricing, wages, uniforms, and interior decor. While Wendy's might be your favorite for a delicious burger with fries and a Frosty milkshake, the chain ceases its attractiveness if you suffer an injury on-site due to negligence.

Whenever restaurants are popular, that means heavy customer traffic and hazardous situations may go unnoticed, or staff may put off taking care of a spill until it's too late. A slip and fall in Wendy's can lead to serious injuries. When that happens, the owner of the property may be held liable for the consequences, including medical bills and other expenses a victim may incur due to their negligent behavior.

Morgan and Morgan are here to help by offering insightful expert advice and legal representation if you were injured by a slip and fall accident at a Wendy's location.

What Kind of Hazardous Conditions May Exist at a Wendy's Restaurant?

There's nothing especially sinister about Wendy's fast food locations. In fact, any restaurant can be risky for a slip and fall accident because such danger is inherent to any place that prepares and serves food. However, fast-food chains may be a little more dangerous because of the nature of the food and the heavy-foot traffic of staff and customers.

For example, the back end of a fast-food restaurant may be saturated in greasy oil and food debris that can easily be tracked out to the guest area when staff goes to deliver food, clean, and check the facility. Still, the property owner should be aware of these dangers and take steps to mitigate the likelihood of this happening.

Preventative steps may include having carpet runners that have the capacity to catch the bulk of debris while staff travels to and from the customer area and scheduled maintenance of the facility. With so many people coming and going and often self-serving fountain beverages and condiments, it's foreseeable that liquid will get spilled, and condiments will fall on the floor and get crushed by foot traffic.

A responsible property owner will also have staff frequently mop the floors to clean up messes. However, they have a duty of care to warn customers of the slippery conditions by putting out wet floor warning signs. Likewise, the bathrooms can get quite messy from all of the customers washing their hands. Suppose the store manager knows they have run out of paper towels and doesn’t replace the item. In that case, it's foreseeable that areas around the sinks will quickly become wet and unmanageable, leading to a slip-and-fall accident.

Even the layout of the restaurant can introduce hazards if there are spills or debris on the floor. For example, fast-food restaurants often pack in as many tables and chairs as possible to ensure customers have plenty of seating and to increase the potential for revenue. However, this type of overcrowding makes pathways narrow and difficult to navigate, especially if there is a hazard on the floor.

Most successful fast-food restaurants are so because they serve good food and provide a clean dining area. Wendy's is no different. In fact, they announce that the cleanliness of their facilities is a goal to enhance the customer experience. This proclamation is also a sort of admission of liability when a failure to maintain a clean environment leads to a slip and fall in Wendy's

Finally, slip, and falls are only sometimes caused by uncleanliness or debris. A restaurant may have an issue with the facility's structure that leads to a slip-and-fall accident. For example, the sidewalk or the parking lot may be in disrepair. Cracks, potholes, and uneven surfaces could easily cause someone to lose their footing. If you heft yourself up using a broken table, you may lose your balance because you expected it to be stable. A leaky toilet may cause you to take a spill in the bathroom, or a leaking outdoor faucet may create an ice hazard on a sidewalk during the winter months. Poor outdoor lighting coupled with an unmarked curb could send you flying to the pavement.

The potential for hazards abounds in a restaurant. Although most reasonable managers in charge of premises that serve food will take ample steps to mitigate dangers, some could be lackadaisical, resulting in customer injury. Under the right circumstances, you can make a claim for any injury you suffer as a result of negligence. Here's how.

Are You Owed a Duty of Care When Visiting Wendy's or Any Other Business Open to the Public?

The restaurant industry has its own regulations concerning the health and welfare of the public, including maintaining a clean and safe establishment. State laws further govern the expectations consumers have that they won't come to harm while visiting a business. These are legally binding duties.

The duty of care in the restaurant industry stipulates restaurant owners keep the facility in good repair, follow safety regulations, and warn customers of any hazardous conditions. They must also regularly inspect the property for potential dangers and address them when found. State agencies oversee regulations in the restaurant industry.

The duty of care is easily established under these principles, which is one element that must be met for a premises liability claim. However, it can be a little more challenging to meet the other requirements, which include the following:

• Wendy's breached (failed) the duty of care
• The failure to uphold the duty of care was the primary cause of your accident
• Your accident caused you to suffer financially, physically, or emotionally

When trying to recover an insurance payment or prevail in a lawsuit, convincing evidence needs to be presented, and you must negotiate or litigate successfully. Because of this, victims of a slip and fall in Wendy's often choose to have legal representation. When you choose Morgan and Morgan, you will have a fierce advocate on your side with the experience it takes to undertake legal proceedings against an international brand like Wendy's.

How Can Morgan and Morgan Help Me Win a Claim Against Wendy's?

You develop a system when you've helped tens of thousands of clients win slip-and-fall claims. The cornerstone of any successful claim lies within the evidence. We conduct a thorough investigation to uncover the evidence required, which may include the following:

• An evaluation of your medical records related to the slip and fall accident
• Acquiring wage documentation from your employer to tally up lost wages
• Interviewing any eyewitnesses
• Acquiring and reviewing any video footage (this may require legal action to preserve and procure it)
• Obtaining a Wendy's accident report to evaluate if there is a pattern of negligence
• Investigating and documenting the scene of the accident
• Obtaining any pictures or documentation of the accident scene and your injuries

In some instances, we may work with medical experts to understand the extent of your injuries and how they will impact your life and ability to make an income. In severe cases, you may be disabled for some time and need further medical care down the road. In that case, an expert will help determine your claim's value, including any future financial losses.

Slip and fall injuries can be quite serious and costly. In fact, the injuries produced by this kind of accident are the number one cause of accidental death in older adults. Furthermore, slip and falls are the source of a great deal of spinal cord and traumatic brain injuries.  

Should I File an Insurance Claim or a Lawsuit Against Wendy's for an Injury?

Most injury accidents are resolved fairly through negotiations with an insurance company. That's because lawsuits are costly and take a lot of time. Negotiating is a skill. You want what's fair, and the only way to go about it is to present a strong argument with evidence to back it up. The evidence we gather during the investigatory phase will be balanced with our legal expertise in understanding the law within your state and how it applies to premises liability.

Even so, sometimes negotiations aren't enough, and we won't be able to get a fair settlement offer. For this reason, we always approach a case as if we will go to trial to prepare us for the event. Working with a law firm with a strong reputation for winning verdicts is critical. Morgan and Morgan's lawyer's never back down from a fight when it comes to ensuring our clients get fully compensated for their injuries. In fact, we've recovered billions of dollars for our clients over the course of more than 35 years in business. Below is what you can expect from a typical slip-and-fall case, although every case is unique with varying factors.

What Slip and Fall Damages You May Be Eligible to Recoup?

• Medical costs
• Lost income and benefits
• Pain and suffering
• Rehabilitation expenses
• The lost joy of life or consortium
• Funeral and burial expenses in the case of death

Morgan and Morgan Personal Injury Lawyers Represent Everyday Victims of a Slip and Fall in Wendy's

Getting legal help may be intimidating to some because of the associated costs. However, we don't require any upfront money to provide first-class legal representation. Our fee is based on contingency, meaning that we only collect when we are successful, which comes from your settlement or verdict award. There is no reason why you should try to fight a big corporation on your own.

Get in touch with one of our representatives for a free case evaluation today. Don't lose your right to recover compensation by waiting too long. The quicker we can get started, the more likely we'll be able to secure compelling evidence of negligence that led to your injury.