Slip And Fall At McDonald's In Michigan: Do I Have A Case?
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If you were injured in a slip and fall accident at a McDonald’s in Michigan, you need an experienced slip and fall attorney who specializes exclusively in these types of cases to help you recover full and fair compensation for your pain and suffering and money damages for your medical bills and lost wages.
If you want to file a slip and fall action against McDonald’s to recover for your injuries, you should hire an attorney who specializes exclusively in these types of cases.
Fortunately, the best and most experienced lawyers near you are at Michigan Slip & Fall Law, led by attorney Tim Holland. The firm handles nothing but slip and fall accidents and has a proven track record of success for winning million-dollar settlements and verdicts for their clients. Insurance companies respect Tim and his team, which leads to bigger settlements in less time.
What should you do after a slip trip and fall at McDonald's in Michigan?
- Get medical care – Seeking immediate medical attention after a slip and fall at McDonald’s is important for two primary reasons: (1) the sooner you are treated, the sooner you will heal; and (2) being seen right away will help you establish the connection between the accident and your injuries, which is important for your case. You should get medical attention even if you don’t think your injuries are serious because some injuries don’t appear for days or even weeks after your fall.
- Take pictures and record videos – It’s important to get pictures and/or videos of the dangerous condition that caused your injury because frequently the restaurant will clean up or fix the dangerous condition fairly quickly after someone has been injured. You want to be able to show that the dangerous condition existed at the time of your fall.
- File an incident report – Filing an incident report with the manager immediately after your fall will ensure that the restaurant is on notice and will create a record of your call. Without such a report, the insurance adjuster may claim the incident never happened.
- Speak to witnesses – Witnesses can make or break your case. Talk to witnesses to get their version of the accident, and ask for contact information.
- Take pictures of your injuries – Do this right away. It is also important to get pictures at regular intervals to show the severity and extent of your pain and suffering.
- Keep a journal – Documenting your injuries and how they’re impacting your life can be extremely helpful when it comes time to calculate your compensation and damages.
- Hire an experienced lawyer – Perhaps the most important thing you can do for your case is to hire an experienced attorney who specializes exclusively in these types of premises liability cases. A skilled lawyer with a track record of winning significant verdicts and settlements is your best bet when it comes to getting a settlement that reflects the actual value of your case.
Can I sue McDonald's if I was injured in a slip and fall in Michigan?
In Michigan, if you were injured in a slip and fall at McDonald’s, you may be able to sue if the restaurant failed to make the premises safe for customers and that resulted in the dangerous condition that caused your injuries. To make the premises safe, McDonald’s must inspect, make repairs and warn of dangerous conditions.
Common injuries
The most common injuries after a slip and fall at McDonald’s include:
- Bruises, scrapes, and cuts
- Sprains and tears
- Fractured bones
- Internal organ damage
- Traumatic brain injury or brain damage
- Spinal cord injury
- Paralysis
- Death
Common causes of accidents
The most common slip and fall hazards at McDonald’s are:
- Slippery floors or pavement
- Foreign objects on the floor
- Defective steps
- Loose or missing handrails
- Loose carpeting
- Unstable or broken tiles
- Exterior potholes or asphalt cracks
- Poor lighting
How do I file a claim for my injuries?
To file a slip and fall lawsuit against McDonald’s in Michigan, there are several important steps you must take, including (1) hiring an attorney to initiate the case; (2) ensuring preservation of important evidence by notifying potential defendants not to destroy it; (3) conducting discovery to gather information from the property owners at fault; (4) complying with the statute of limitations and applicable notice requirements; and (5) formally filing your lawsuit.
What are the elements of a Michigan slip and fall at McDonald's case?
To win a slip and fall case against McDonald’s, you must prove your status as either an invitee or licensee (and that you were not a trespasser), and then show that the owner or manager had possession and control of the property, that there was a hazardous condition, that the owner or manager breached his or her duty of care to you, and that because of this breach you were injured and incurred damages.
The elements you must prove to win a case are:
- Your status – You must prove that you are either an “invitee,” a “licensee,” or a “trespasser” with respect to the restaurant in which your accident occurred. (M Civ JI 19.01)
- Possession and control – You must prove that the restaurant had possession and control over the restaurant property. (M Civ JI 19.02)
- Dangerous condition – You must show that a dangerous condition or hazard existed at the restaurant.
- Duty of care – You must prove that the restaurant owed you a duty of care, which is determined by your status relative to the property.
- Breach – You must show that it breached this duty of care by failing to make the restaurant safe or failing to warn you about hidden or unknown dangerous conditions.
- Causation – You must prove that this breach caused your injuries.
- Damages – You must show that you suffered actual injuries and incurred damages, such as medical expenses, lost wages, and pain and suffering.
The three statuses that are recognized under Michigan law are
- Invitee – This is a person invited onto the property for the owner’s “commercial benefit” or for “business dealings” with the owner. (M Civ JI 19.01). The most common example of an “invitee” is a customer in a store. The duty of care owed to invitees requires the property owner to make the premises safe by inspecting the premises, making necessary repairs and warning invitees of any known or discovered dangers. (Stitt v. Holland)
- Licensee – This is a person who enters onto the owner’s property “for any purpose other than a business or commercial one” and “with the express or implied permission” of the property owner (M Civ JI 19.01). The most common example of a “licensee” is a social guest in a private home. The duty of care owed to licensees requires the property owner “only to warn the licensee of any hidden dangers the owner knows or has reason to know of, if the licensee does not know or have reason to know of the dangers involved.” (Stitt v. Holland)
- Trespasser – This is a person who goes onto someone else’s property without the owner’s permission and “for his or her own purposes.” (M Civ JI 19.01). According to the Michigan Supreme Court’s ruling in Stitt v. Holland “[t]he landowner owes no duty to the trespasser except to refrain from injuring him by ‘wilful and wanton’ misconduct.”
What damages can I recover from a Michigan slip and fall case at McDonald's?
The amount of compensation you receive will depend on a variety of factors, including the severity of your injuries, your medical needs, your medical bills, the amount of wages and earnings that you have lost, the amount of liability insurance McDonald’s carries, and the reputation and track record of your attorney.
Types of damages include:
- Economic damages – This includes both medical expenses and lost wages.
- Noneconomic damages – This includes physical pain and suffering, mental anguish, fright and shock, denial of social pleasure and enjoyments, and embarrassment, humiliation, or mortification. (M Civ JI 50.02)
How is liability determined?
To prove that McDonald’s is liable for your slip and fall injuries, you must show: (1) that the restaurant had possession and control over the property where the hazardous condition that caused your fall is located; and (2) that McDonald’s breached its duty to protect you by making their premises safe.
Under Michigan law McDonald’s, like all property owners, has a “duty to exercise reasonable care to protect” their customers “from an unreasonable risk of harm caused by a dangerous condition” on the hotel’s property. (M Civ JI 19.03) To meet its duty, McDonald’s must “make the premises safe” as required by the Michigan Supreme Court’s decision in Stitt v. Holland.
To make the property safe, McDonald’s must:
- Inspect the premises
- Make necessary repairs
- Warn customers about known dangers and discovered hazards
How can a lawyer help you in a McDonald's slip and fall case in Michigan?
In Michigan, hiring a lawyer to handle your slip and fall case against McDonald’s is arguably the most important thing you can do if you want to recover pain and suffering compensation and economic loss damages such as medical bills and lost wages.
An experienced lawyer who specializes exclusively in this area of law knows exactly how to build your case and get maximum value. He or she will investigate your claim, preserve evidence, determine liability and damages, and negotiate with the insurance company and insurance defense lawyer on your behalf.
The insurnce industry’s own data indicates that injured victims who are represented by experienced attorneys with excellent track records often get up to four times (4x) larger settlements than those who are not. Don’t risk leaving hundreds of thousands, if not millions of dollars or more, on the table by hiring a lawyer who doesn’t specialize in these types of premises liability cases.
Injured in a slip and fall accident at McDonald's in Michigan and need a lawyer? Call our attorneys now for a free consultation!
If you are injured in an accident at McDonald’s, call now for a free consultation and let attorney Tim Holland and the team of skilled attorneys at Michigan Slip And Fall Lawyers provide the legal support you need. With a proven track record of securing top settlements for victims, we’ll give you the peace of mind you deserve while working to get you the compensation needed to help rebuild your life.
We pride ourselves on offering every client personalized care, compassion, and respect. Clear communication is a cornerstone of our practice, and we promise to always be available for you. You can count on us to return your calls, respond to your emails, and answer any questions you may have.
To speak with an experienced attorney about your case, call us today or fill out our contact form for a free, no-obligation consultation. We’ll guide you through the laws and help you understand your options. There’s absolutely no cost or obligation. We’re here to support you every step of the way.
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Get help from our Michigan slip and fall lawyers today
You do not have to go it alone after your slip and fall accident. Let the experience attorney Tim Holland and the lawyers at Michigan Slip and fall have on slip and fall cases along with their track record of getting the highest settlement amounts possible for their victims give you peace of mind, while they help to pick you back up and get you the compensation that you need and deserve to start rebuilding your life.
We pride ourselves on treating every client with care, compassion, and respect. We pride ourselves on communication and we will always be there when you need us. We will ALWAYS return your calls and emails and answer your questions.
To speak with an experienced slip and fall accident attorney about your injury, call us now, or fill out our contact form for a free consultation.
We will help you understand Michigan’s slip and fall law and answer all of your questions about how we can make the law work for you. There is absolutely no cost or obligation. We’re here for you now.
Meet Our Attorney
Tim Holland is arguably Michigan’s most experienced and successful slip and fall lawyer. You can read more about Tim Holland’s experience and success here.
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