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Wet floor caution to avoid accidents in fast food restaurants

Legal Options in Premises Liability Case: Fast Food Restaurant Accident

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Legal Options in Premises Liability Case: Fast Food Restaurant Accident

Wet floor caution to avoid accidents in fast food restaurants

Accidents at fast food restaurants can range from minor slip-and-falls to more serious injuries caused by unsafe premises liability or negligent food handling. If you’ve been injured in a fast food restaurant, knowing your legal options and the steps to protect your rights and potentially receive compensation is important.

This blog post explores the legal recourse for injuries in fast food establishments, including how these lawsuits work, premises liability, and why consulting with a  restaurant personal injury lawyer is crucial. 

Don’t forget that Castan, Leccan & Boeschen offer exceptional lawyers for your case, always working hard to provide you with superior results!

Types of Fast Food Accidents and Injuries

Fast food restaurant accidents encompass a variety of scenarios that can lead to injuries among patrons. Common examples include:

  • Slip and Fall Accidents: These are among the most frequent incidents in fast food outlets, often caused by wet or greasy floors, misplaced objects, or uneven surfaces.
  • Burns: Hot foods and beverages, or accidents in restaurants involving cooking equipment, can result in severe burns. Improper handling or spilling of these items on customers due to employee negligence also contributes to such injuries.
  • Food Poisoning: Consuming food that has been improperly stored, handled, or prepared can lead to serious health issues, including foodborne illnesses.
  • Cuts and Lacerations: These can occur from broken or improperly maintained fixtures and furniture or from sharp objects that are improperly stored.
  • Injuries from Faulty Equipment: Chairs that collapse, broken table edges, or malfunctioning doors can cause physical harm to patrons.

Each type of accident in restaurants has its own set of legal considerations and requires specific evidence to support a claim for damages. Understanding the variety of accidents that qualify can help victims identify when they might have a legal claim and the importance of documenting the incident thoroughly for potential legal action.

Legal recourse for injuties in fast food restaurants

Lawyer reviews documents to initiate a damage claim

If you sustain an injury in a fast food restaurant, you have several legal options depending on the circumstances of the accident:

  1. Premises Liability Claim: This is often the most common legal recourse. Fast-food restaurants must maintain a safe environment for their customers. If your injury was caused by a hazardous condition, such as a wet floor, poor lighting, or unsafe furniture, you might have a premises liability claim.
  2. Product Liability Claim: If your injury was caused by a defective product, such as a malfunctioning chair or contaminated food, you could file a product liability claim against the manufacturer of the product or the restaurant.
  3. Negligence Claim: If the injury resulted from the negligence of restaurant staff (e.g., spilling hot drinks on a customer, leaving debris on the floor), you might pursue a negligence claim against the restaurant for failing to exercise reasonable care.

How Fast Food Lawsuits Work

Filing a lawsuit for an injury sustained in a fast-food restaurant typically involves several key steps:

  • Document the Incident: Take photos of the hazardous condition that caused your injury, gather the names and contact information of witnesses, and obtain a copy of the accident report if one was made by the restaurant.
  • Seek Medical Attention: Get professional medical treatment for your injuries to ensure they are properly documented. Medical records will be pivotal in your case.
  • Consult a Personal Injury Lawyer: A lawyer can help determine the viability of your claim, guide you through the legal process, and represent you in negotiations or court.

Understanding Premises Liability

Castan & Lecca lawyers agreeing to initiate the damage claim process.

Under premises liability laws, restaurant owners are required to keep their property safe. This duty includes regular inspections, timely repairs of known hazards, and adequate warnings to patrons about potential dangers. If a restaurant fails in this duty, and it leads to an injury, the injured party can seek compensation for medical expenses, lost wages, pain and suffering, and more.

Importance of a Personal Injury Lawyer

Castan, Lecca & Boeschen lawyers reviewing personal injury cases

Navigating the complexities of personal injury law can be challenging without professional help. A personal injury lawyer plays a vital role in:

  • Evaluating the Case: Assessing the strength of your claim based on the evidence and applicable laws.
  • Handling Documentation: Managing all necessary paperwork and meeting critical deadlines.
  • Negotiating with Insurance Companies: Dealing effectively with insurers who often seek to minimize payouts.
  • Litigation: Representing your interests in court if a satisfactory settlement cannot be reached.

According to the National Floor Safety Institute, slip and falls account for over 1 million hospital emergency room visits annually, a significant portion of which occur in places like fast food restaurants. Additionally, the U.S. Consumer Product Safety Commission reports that thousands of injuries are caused yearly by chairs alone.

Injuries at fast food restaurants can have significant consequences for your health and finances. Understanding your legal options and the importance of quick action can greatly influence the outcome of your claim.

If you have been injured in a fast food restaurant, consulting with a personal injury lawyer can provide you with the best chance of recovering the compensation you deserve. Don’t hesitate to call Castan, Lecca & Boeschen today!

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Dustin Thompson

Attorney

Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence.  Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
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KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
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ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.