Injury Lawyer for Slip and Fall Accidents at Arby’s
Arby’s is a popular fast-food restaurant chain with locations all over the U.S. When you consider eating at Arby’s, you likely do not assume that you could potentially run into a dangerous condition that may leave you embarrassed or seriously injured. However, like any other restaurant, Arby’s can get busy or have distracted employees that neglect spills or other hazards. If you suffered an injury in a slip and fall accident at Arby’s, you could recover the monetary losses you incurred because of someone else’s negligence.
Common Causes of a Slip and Fall Accident at Arby’s
Every Arby’s franchise owner is responsible for setting up safety standards for employees and customers. Sometimes, employees fail to meet those standards, and accidents happen as a result. Some common causes of slip and fall accidents at an Arby’s restaurant include:
- Spilled food and drinks left on the floor in high-traffic areas
- Wet floors in the bathroom for a leaking toilet or sink
- Wet floors at the entrance from water that customers track in
- Worn or tattered rugs that could present a tripping hazard
- Overflowing trashcans that spill out onto the floor
- Neglected soda fountain areas that leave a mess on the floor
- Spills at the condiment station
- Exposed cords
- Faulty handrails
- Broken floor tiles
The owner is also responsible for the outside area, including the parking lot and walkways. New York faces harsh inclement weather during the winter months. Snow and ice can accumulate quickly and create a severe slip and fall hazard if left unchecked. Even in an ongoing snowstorm, the property owner must plow the parking lot and shovel the walkways within a reasonable amount of time.
Common Injuries Caused by a Slip and Fall Accident at Arby’s
The type of injuries sustained in a slip and fall accident at Arby’s vary based on several factors. The elderly are overwhelmingly more affected and often sustain the worst of injuries, but anyone can get hurt under the right circumstances. Injuries may range from a bruised ego to even death, but these are some common injuries caused by a slip and fall:
- Deep or superficial lacerations
- Bruises and contusions
- Mild or several concussions
- Broken or fractured bones, usually in the hips and extremities
- Traumatic brain injuries, such as a hemorrhage or hematoma
- Knee injury, such as torn ligaments
- Strained or sprained muscles
- Back or spinal cord injuries, such as herniated discs or fractured vertebrae
Seniors are more likely to sustain a broken hip or back injury in a fall, but traumatic brain injuries are potentially the worst possible injuries from a slip and fall accident. Victims of a TBI may need surgical intervention or suffer lifetime disabilities.
The Legal Concept of Premises Liability
Premises liability is the foundation of a slip and fall accident case. A property owner owes a duty of care to visitors, which means that they must maintain safe conditions for anyone legally allowed on their property. Visitors may include:
- Someone invited by the property owner
- Someone, such as a salesperson, with permission from the property owner but is there for their own purposes
- Someone trespassing on the property
Property owners do not owe trespassers a duty of care. Trespassing is rare in a public restaurant like Arby’s. However, if someone enters the premises during closed hours or returns after being banned from the restaurant, that is trespassing.
An example of premises liability in action at Arby’s is parking lot maintenance. As previously discussed, property owners must maintain snow removal during inclement weather. However, they also have a duty to fix potholes and cracked pavement that could cause a tripping hazard. The same is true for walkways around the building.
Slip and Fall Accident Laws in New York
Two primary laws govern slip and fall accidents in New York: the statute of limitations and comparative negligence rule. Both of these laws directly affect your case and your potential for compensation.
The Statute of Limitations
A statute of limitations is a law that places a specific deadline on how long you have to file a lawsuit. In most personal injury cases, the statute of limitations is between two and three years. For example, in New York, you have three years to file a lawsuit for a slip and fall accident, and this timeframe applies whether you want to sue for property damage or injury. The deadline is three years from the date of your accident, and if you attempt to file after the statute of limitations has run out, you should anticipate a dismissal of your case.
The Rule of Comparative Negligence
The most common argument used by the defense in a slip and fall case is deferring blame to you, the plaintiff. Sometimes the defendant will take partial responsibility, and sometimes they will place all the blame on you. Some common arguments include:
- Your shoes were not appropriate for the setting.
- You were distracted by something while you were walking. This could be a phone or a conversation with someone nearby.
- You entered an area of the property restricted to visitors.
- The dangerous condition was partitioned off from customers or should have been obvious.
Most fast-food restaurants use security cameras, and you should request that footage at the time of the accident. It can help eliminate many of these arguments. You could also present photographs or a video that you took at the scene to your attorney to support your claim. Sometimes you do share fault for the accident. When this happens, the rule of comparative negligence applies. Comparative negligence mandates that the percentage of fault you bear for your injuries equals the percentage deducted from the claim value. There are two types of comparative negligence:
- Pure comparative negligence states that the percentage of fault you bear does not affect your eligibility for compensation unless you are 100% at fault.
- Modified comparative negligence states that you cannot recover compensation for damages if you bear more than half responsibility. Therefore, if you are 51% responsible for the accident, you are no longer eligible for payment.
New York follows the rule of pure comparative negligence. For example, if the jury or adjuster awards you $50,000 for your injuries and finds you 10% at fault, you receive $50,000 minus 10% of $50,000, which is $5,000. Therefore, your total compensation would be $45,000.
Advantages of Hiring a Slip and Fall Injury Lawyer
The rules of premises liability and comparative negligence can be overwhelmingly complex, and mistakes in your paperwork can lead to delays in your case. Hiring a slip and fall injury lawyer provides several advantages:
- They have experience with the legal process and can guide you through it.
- They know and can advise you of your rights.
- They understand the value of your claim and can help you receive the fairest possible compensation.
- They possess negotiation skills and can help you settle outside of court, which avoids all the added expenses and delays of the court process.
Suppose you sustained an injury from a slip and fall case at Arby’s due to someone else’s negligence. In that case, the personal injury lawyers at Hill & Moin could provide you with knowledgeable representation and aggressive defense of your rights. Contact us today to schedule a free initial consultation.
If you sustained an injury from a slip and fall accident at any of the following commercial properties, our personal injury attorneys can help:
- Baskin Robbins
- Bath & Body Work
- Big Lots
- BJ’s Wholesale Club
- Burger King
- Burlington Coat Factory