Why You Need a Fast Food Personal Injury Lawyer

While fast-food chain restaurants offer the hungry and hurried a quick fix, customers may find that these speedy and low-priced businesses can also serve up accidents and injuries—often due to poorly trained staff, unclean or badly managed kitchens and dining areas, and even improperly stored food.

Fast food restaurants are a staple of modern American life, offering convenience, affordability, and quick meals for people on the go. Iconic brands like McDonald’s, Wendy’s, Taco Bell, and Burger King are household names synonymous with a grab-and-go dining experience. 

However, despite their appeal, fast-food establishments can present serious safety hazards to customers and employees alike. From slip-and-fall accidents to burns from scalding coffee and food poisoning incidents, injuries at fast-food restaurants are more common than many realize.

Slip and Fall Injuries in Fast Food Restaurants

Slip and fall accidents are one of the most frequent injuries reported in fast-food restaurants. With employees rushing to meet the demands of busy service times, customers entering and exiting with wet shoes on rainy days, and the risk of spills from beverages or food, the environment can quickly become hazardous.

Common Causes of Slip and Fall Accidents

Fast-food restaurants are high-traffic areas where safety hazards can arise in an instant. Some common causes of slip and fall accidents include:

• Spilled Beverages: A tipped-over soda or spilled coffee can make floors dangerously slippery if not cleaned promptly. Similarly, self-service beverage stations can become slippery nightmares if not routinely cleaned.
• Greasy Floors: Areas near fryers or cooking stations can accumulate grease, creating slick surfaces.
• Rain or Snow: Inclement weather can lead to wet entryways if proper mats or warning signs are not used.
• Uneven Flooring: Worn or damaged tiles, loose mats, or uneven surfaces can easily trip up an unsuspecting customer.
• Poorly Managed Play Areas: McDonald’s and other chains host play areas for children at some of their locations. While this is a popular amenity, it also an area prone for trips, slips, and falls—for both parents and children. McDonald’s assumes legal liability for maintaining safe play areas. However, failing to respond quickly to spills and objects that pose tripping threats can make the burger giant liable for causing a slip/trip and fall accident.

Notable Incidents

In 2014, a McDonald’s customer in Pennsylvania filed a lawsuit after slipping on a wet floor near the restaurant’s drink station. The incident resulted in severe knee injuries requiring surgery. The lawsuit alleged that the restaurant failed to provide adequate warning about the wet floor, a preventable safety measure that could have avoided the accident.

Similarly, a Wendy’s in Florida faced legal action when a customer tripped over a loose floor mat, sustaining a serious back injury. The court found that the restaurant was negligent in maintaining its premises, emphasizing the importance of routine inspections and immediate corrective action when hazards arise.

Legal Implications

Fast-food restaurants have a legal duty to maintain safe premises for their customers and employees. When they fail to do so, injured parties may be entitled to compensation for:

• Medical bills
• Lost wages
• Pain and suffering
• Emotional distress

To prove negligence, victims must show that the restaurant knew or should have known about the hazard and failed to address it in a timely manner. Consulting an experienced personal injury attorney is crucial in gathering evidence, such as surveillance footage, maintenance records, and witness testimonies.

Hot Coffee and Burn Injuries

Few fast food-related injuries are as infamous as those caused by scalding hot beverages. The landmark 1994 case involving McDonald’s and Stella Liebeck brought national attention to the dangers of excessively hot coffee and the responsibility of restaurants to ensure customer safety.

The Stella Liebeck Case

In 1992, Stella Liebeck, a 79-year-old woman from New Mexico, suffered third-degree burns on her thighs, groin, and buttocks after accidentally spilling a cup of McDonald’s coffee in her lap. The coffee, served at a temperature of approximately 190°F, caused severe burns that required skin grafts and extensive medical treatment.

Liebeck initially sought $20,000 to cover her medical expenses, but McDonald’s refused. The case ultimately went to trial, where the jury awarded her $2.7 million in punitive damages, though this amount was later reduced. The case remains a landmark example of corporate accountability and the need for consumer protection in the fast food industry.

Notable Fast Food Burn Injuries

While the Liebeck case prompted many fast-food chains to reevaluate their beverage temperatures, burn injuries still occur. In some instances, the lids on hot beverages may not be securely fastened, leading to spills, or the beverages may still be served at dangerously high temperatures.

In 2018, a family in Oregon filed a lawsuit against Starbucks after their toddler suffered second-degree burns from hot tea spilled during a drive-thru order. Similar incidents have occurred at McDonald’s, Dunkin’, and other fast food brands, demonstrating the widespread nature of this issue.

In 2017, Morgan & Morgan secured a $100,000 jury verdict for a Florida woman who was severely burned by Starbucks coffee in a case that has echoes of the original McDonald’s hot coffee lawsuit. 

Our client, Joanne Mogavero, ordered a cup of coffee at a shop in Jacksonville. Mogavero claimed that the lid popped off the coffee as a drive-thru barista handed it to her. 190-degree coffee spilled in her lap and left her with permanent scarring. 

The lawsuit claimed that Starbucks failed to adequately place the lid on the cup of hot coffee, creating an unreasonably dangerous condition. It came out during the trial that Starbucks receives around 80 complaints per month about lid leaks and lids popping off. Starbucks said that it “would not be relevant” to warn customers of the risk. 

The jury thought otherwise. 

Then in 2023, Morgan & Morgan attorney Ben Welch was able to recover $3 million from Dunkin’ for his client, a recently retired government employee who was scalded by a cup of coffee with an unsecure lid.

Preventing Fast Food Burn Injuries

Restaurants can take several measures to minimize the risk of burns, including:

• Serving beverages at safer temperatures
• Providing secure lids for all hot drinks
• Using warning labels to alert customers to the risks of hot liquids

For victims of burn injuries, pursuing legal action can lead to compensation for medical bills, scarring, emotional trauma, and more.

Food Poisoning and Contaminated Fast Food Meals

Food poisoning is another significant concern for fast food customers. With fast-paced operations and high turnover rates, maintaining proper food safety standards can be challenging. Contaminated food can cause illnesses ranging from mild gastrointestinal discomfort to life-threatening conditions like E. coli or salmonella infections.

Common Causes of Foodborne Illnesses

Fast-food restaurants are susceptible to food safety lapses due to factors such as:

• Improper Food Handling: Employees may fail to wash their hands, wear gloves, or properly sanitize surfaces.
• Under-Cooked Meats: Burgers, chicken, and other meats that are not cooked to the proper internal temperature can harbor dangerous bacteria.
• Cross-Contamination: Using the same utensils, cutting boards, or surfaces for raw and cooked foods can spread bacteria.
• Contaminated Ingredients: Outbreaks of foodborne illness have been linked to contaminated lettuce, onions, and other produce used by major chains.

Notable Fast Food Outbreaks

In 2018, McDonald’s faced a significant food poisoning outbreak linked to its salads. Over 500 people across 16 states reported illnesses caused by Cyclospora cayetanensis, a parasite found in contaminated lettuce. The outbreak led to recalls and lawsuits from affected customers.

Similarly, in 2006, Taco Bell experienced a nationwide E. coli outbreak tied to contaminated lettuce. The incident highlighted the risks of sourcing ingredients from suppliers that fail to meet food safety standards.

More recently in 2024, McDonald’s had another E. coli outbreak linked to onions served on its Quarter Pounder burger.

Legal Recourse for Food Poisoning Victims

Proving liability in food poisoning cases can be complex, as the illness often manifests hours or even days after consuming contaminated food. However, victims may still pursue legal action if they can demonstrate:

• A direct link between the illness and the restaurant’s food
• Negligence in food handling, preparation, or sourcing

Medical records, lab tests, and expert testimony can help build a strong case. Compensation may include coverage for medical expenses, lost income, and pain and suffering.

Employee Injuries at Fast Food Restaurants

Accidents can happen to fast food employees, too. Workers often contend with hazardous conditions, including:

• Burns: From fryers, grills, and hot surfaces
• Repetitive Strain Injuries: From repetitive motions like flipping burgers or assembling sandwiches
• Slips and Falls: From wet or greasy kitchen floors
• Unpaid Wages or Overtime: Failure to pay employees for overtime or other money they are owed

Employees injured on the job may be entitled to workers’ compensation benefits to cover their medical bills and lost wages. In some cases, third-party lawsuits may also be an option if the injury was caused by defective equipment or negligence by a vendor.

What Evidence Do I Need to Sue a Fast Food Company?

To build a strong case against a fast food company, you’ll need to gather compelling evidence that demonstrates negligence. Key pieces of evidence include:

• Photographs or Videos: Document the hazardous condition (wet floor, broken tiles) that caused your injury.
• Incident Reports: File a formal report with the restaurant immediately after the incident.
• Witness Statements: Collect contact information and statements from anyone who saw the accident.
• Medical Records: Keep detailed records of your injuries, treatments, and medical expenses.
• Receipts or Proof of Presence: Show that you were a customer at the establishment at the time of the injury.

An experienced attorney at Morgan & Morgan can help you gather and present this evidence to strengthen your claim.

How Do You Prove Negligence in a Fast Food Personal Injury Case?

Proving negligence involves demonstrating that the restaurant failed to meet its duty of care. You must establish:

• Duty of Care: The restaurant had an obligation to maintain a safe environment.
• Breach of Duty: The restaurant failed to address or warn about a hazard.
• Causation: The restaurant’s negligence directly caused your injury.
• Damages: You suffered measurable harm, such as medical bills, lost wages, or pain and suffering.

Evidence, such as maintenance records, surveillance footage, and witness testimony, can help establish negligence.

What Is a Fast Food Restaurant’s Duty of Care Under Premises Liability?

Under premises liability law, fast food restaurants are legally obligated to provide a safe environment for customers and employees. Their duty of care includes:

• Inspecting the premises regularly for hazards.
• Addressing known dangers, such as spills or damaged flooring, in a timely manner.
• Providing adequate warnings for temporary hazards, such as placing “wet floor” signs after mopping.
• Ensuring proper food safety practices to prevent contamination.

Failing to meet these standards can make the restaurant liable for injuries that occur as a result.

What Are the Elements of a Negligence Case for a Slip and Fall?

A slip and fall negligence case requires proving the following elements:

• The Existence of a Hazard: There was a dangerous condition on the property.
• Knowledge of the Hazard: The restaurant knew or should have known about the hazard.
• Failure to Act: The restaurant did not take reasonable steps to fix or warn about the hazard.
• Injury and Damages: You were injured as a direct result of the hazardous condition, leading to quantifiable damages.

What Slip and Fall Damages Can I Recoup?

If you’ve been injured in a slip-and-fall accident at a fast food restaurant, you may be eligible to recover several types of damages, including:

• Medical Expenses: Coverage for hospital bills, medication, physical therapy, and future treatments.
• Lost Wages: Compensation for income lost during your recovery period.
• Pain and Suffering: Damages for physical pain and emotional distress caused by the injury.
• Loss of Earning Capacity: If your injury impacts your ability to work in the future.
• Out-of-Pocket Costs: Reimbursement for travel expenses, childcare, or other costs related to the injury.

A personal injury attorney at Morgan & Morgan can help you identify all the damages you may be entitled to claim. Get started with a free case evaluation today.

How Can Morgan & Morgan Help With Your Fast Food Injury?

Whether you’ve slipped on a wet floor, suffered burns from a hot beverage, or fallen ill due to contaminated food, navigating the legal process after a fast food injury can be daunting. Large corporations like McDonald’s and Wendy’s have powerful legal teams ready to defend their interests, making it necessary for victims to have experienced representation on their side.

At Morgan & Morgan, we believe everyone deserves access to justice, no matter the size of the opponent. Our attorneys specialize in personal injury cases, and we have the resources to take on even the largest fast-food chains. We’ll fight to ensure you receive the compensation you deserve for your injuries, medical expenses, lost income, and emotional distress.

Fast food injuries may not always make headlines, but they can have serious consequences for the individuals affected. From slip and fall accidents to burns and foodborne illnesses, these incidents often result from negligence that could have been prevented.

If you or someone you love has been injured at a fast-food restaurant, don’t face the aftermath alone. Contact Morgan & Morgan today for a free case evaluation.