Slip and fall accidents can result in injuries ranging from a small bruise on the knee to head trauma, back and neck problems, and broken bones. If you slipped and fell while visiting a Dairy Queen, you may have been treated in an emergency room and may have to continue to receive physical therapy or chiropractic care for the foreseeable future.
You may make a full recovery, or you may be left with permanent injuries that will limit your ability to work and to do things you used to enjoy. If you are facing expensive medical bills and are unable to work, you and your spouse may be struggling to cover basic living expenses, such as your mortgage or rent, utilities, groceries, and auto loans.
The owner or manager of the property may be liable for your injuries under some circumstances. If so, you may be entitled to compensation for your medical bills, lost income, and pain and suffering.
An injury lawyer for slip and fall accidents at Dairy Queen may be able to file a personal injury lawsuit to pursue a financial award for you. Ben Crump Law, PLLC, has represented clients all over the United States who were hurt because of the negligence of others. Call our office today at (800) 959-1444 to discuss your case with a member of our staff.
How a Slip and Fall Accident Can Happen
A slip and fall accident may occur when someone falls because of a liquid or another slippery substance on the floor. In a Dairy Queen, a slip and fall accident may happen if a customer spills a beverage, and an employee does not clean it up promptly or if a worker mops the floor and does not post signs or use cones to warn customers of the hazard so they can exercise caution.
In other cases, a person trips over something on the floor. For example, if a customer drops food, a cup, or something else on the floor and an employee does not pick it up, a person who is walking in the restaurant and does not see it may trip over it and fall. An accident may also occur if the floor is damaged. For instance, a customer may trip over a loose tile or an uneven section on the floor.
When the Business Owner Should Be Liable for a Slip and Fall Accident
To show that the owner or possessor of the property was liable for your injuries, you must prove that someone affiliated with Dairy Queen was negligent. Your attorney will have to demonstrate that the owner, manager, or employee of the Dairy Queen caused the dangerous condition, knew of the danger but did nothing about it, or should have known about the danger.
In the last instance, you may be able to argue that a reasonable person who worked in the facility and took care of it would have noticed the dangerous condition and would have done something to address the issue, but that staff at Dairy Queen did not. In those types of cases, the matter can come down to whether or not the owner, manager, or employees used common sense to prevent accidents and injuries.
You may be able to reasonably argue that the owner or manager of the Dairy Queen was negligent if:
- The hazard had been there for a significant period of time, and nothing was done about it
- The restaurant was not cleaned regularly
- There was no legitimate reason for the object you tripped over to be on the floor
- A barrier could have been used to protect people from danger
- Poor lighting contributed to the accident
When Your Actions Cause or Contribute to the Accident
You may be at least partly responsible for the slip and fall accident. If you tripped and fell because you were walking and looking down at your cell phone and did not see something on the floor that any person who was paying attention would have seen, you may have a hard time collecting compensation for your injuries.
You may also be found at least partly liable if you were not authorized to be in the area where the accident occurred or if you ignored a warning sign, a barrier, or some other measure that the restaurant’s staff had used to protect people from danger.
However, you may still be able to recover compensation if your state follows the comparative negligence standard, which says that your award amount would be reduced by your level of fault, as per the American Bar Association (ABA).
Sometimes an accident is just an accident. If you tripped and fell because your shoelace came untied while you were in a Dairy Queen, but no one associated with the restaurant did or failed to do anything that contributed to your accident, the restaurant is not liable.
What an Injury Lawyer for Slip and Fall Accidents at Dairy Queen Can Do for You
If the owner or manager of the Dairy Queen was negligent, you might be entitled to compensation for your medical bills, lost income, and pain and suffering. A personal injury lawyer may be able to file a lawsuit on your behalf.
If your actions contributed to the accident, you might still be entitled to compensation. In some states, an injured party may be entitled to a financial award regardless of his or her amount of liability, while other states only allow an injured person to receive compensation if his or her amount of responsibility does not exceed a certain threshold.
Hire an Injury Lawyer for Slip and Fall Accidents at Dairy Queen
If you decide to file a personal injury lawsuit, you will have to do so within your state’s statute of limitations. If you miss the deadline, you may lose out on your right to collect compensation.
Ben Crump Law, PLLC, may be able to file a personal injury lawsuit on your behalf to seek compensation for your injuries. We are not afraid to take on tough cases, including those involving large corporations. Call our office today at (800) 959-1444 to speak with a member of our team who can explain how laws in your state may affect your case.