Slip and fall accidents can happen anywhere—in a friend’s home, the office, the supermarket, or a fast-food restaurant like Popeye’s. With numerous customers going in and out of a popular fast-food chain like Popeye’s, its staff may overlook potential hazards like uneven floors, liquid spills, dropped food, and dimly lit areas.
According to the Centers for Disease Control and Prevention (CDC), “Over 800,000 patients a year are hospitalized because of a fall injury, most often because of a head injury or hip fracture.”
If you suffered injuries from stumbling, falling, or tripping inside a Popeye’s premises, you might be entitled to compensation. An injury lawyer for slip and fall accidents at Popeye’s from Ben Crump Law, PLLC can help you receive a payment to cover your damages. Reach out at (800) 647-3113 for a free initial consultation about your case.
Not Every Injury Claim Is Actionable
Having an injury or being involved in an accident does not always mean you have a valid claim. To receive compensation, you must have legal grounds to hold a party liable for your injuries. The court will only award damages if you can prove the other party’s liability, often based on negligence.
Apart from liability, you have to show that you suffered because of the other party’s negligence or carelessness. If you have physical injuries and damaged property resulting from the accident, there must be strong evidence for these, such as medical records, history, and billing statements. Otherwise, your accident claim is not actionable, and you may not recover your losses.
To know if you have the legal right to compensation, consult an injury lawyer for slip and fall accidents at Popeye’s. They will evaluate the circumstances surrounding your case to determine whether you have a meritorious claim.
Establishing and Proving Liability in a Slip and Fall Accident
Brick and mortar businesses like Popeye’s have an inherent liability to keep customers safe inside their premises. Should an accident happen because of an unsafe condition, they are automatically held liable for it and the resulting damages. When the restaurant staff failed to address the hazard, they acted negligently but never had the intention to harm others.
Negligence is a commonly used legal theory when establishing a party’s liability in the accident. Their liability stems from their careless conduct or failure to act reasonably as another person would in the same situation. An action or behavior is negligent if it falls below the recognized standard of care in preventing harm to others.
For instance, a Popeye’s store manager should regularly inspect and keep the premises hazard-free. If they notice spilled liquids or food that could cause customers to slip or trip, they must immediately clean up the mess before it causes an injury. But if such an action is not possible at that time, they can warn others about the existing danger of a slippery or wet floor. These are good examples of reasonable conduct by the business.
As the injury victim, the burden of proof lies with you. You must demonstrate that the establishment breached its duty of care by failing to do what was mentioned above. Moreover, there should be strong evidence for these, including maintenance records, video footage, photos of the accident scene, and witness statements.
In sorting out and proving liability, it is best to seek legal assistance. Speak to an injury lawyer for slip and fall accidents at Popeye’s from Ben Crump Law, PLLC. Their team of professionals will investigate and gather relevant evidence to build a strong case. Call us today for a free case evaluation.
You May Have Also Been Negligent
Simply because you have an injury claim does not relieve you of fault in the accident. In many cases, multiple parties have acted negligently, causing harm to others. During negotiations, the liable party and their insurer may raise the issue of comparative or contributory negligence.
States have different statutes on comparative fault, and how it applies to your case will impact the amount of awarded damages. It is best to prove that you have not acted carelessly nor played a part in causing the slip and fall accident. Work with an injury lawyer for slip and fall accidents at Popeye’s when you want to show that you were not negligent.
Contributory Negligence
Based on the principles of contributory negligence, a person who contributed to the accident cannot hold another liable for the harm done. Going by this, you have no right to recover damages from the other party, even if your degree of fault is minimal. Some states still follow this rule despite its harshness.
Comparative Negligence
In contrast, comparative negligence is more lenient. It compares each party’s fault in the accident and allows recovery minus their share of the blame. However, some states vary on the implemented system, which can either be pure or modified.
The pure comparative negligence scheme does not bar recovery, regardless of whether your share of fault exceeds that of the other party’s. If total damages amounted to $10,000, you might still receive compensation even if you were 90 percent at fault.
On the other hand, modified comparative negligence only allows compensation if your fault in the accident is less than half.
Most Slip and Fall Accidents Settle
Businesses have premises liability coverage, and Popeye’s is no exception. It is an insurance policy covering any arising liability from slip and fall accidents on the property or place of business. Most injury victims can claim against said policy to recover their economic losses, such as hospital expenses and lost earnings.
Most slip and fall lawsuits end up in settlement instead of going to court, and insurers have to make an offer acceptable to the victim. Liable parties opt to settle because it takes less time, effort, and money to do so. Often, the insurance company will negotiate an amount within the policy’s limits. Your lawyer can determine if the settlement an insurer wants to award you is adequate. If not, we can take the case to court and continue the fight for fair compensation there.
Why Work with a Personal Injury Lawyer
When pursuing an injury claim, self-representation may be possible. However, it is usually not the best route to take, especially if you plan to go against a popular food chain like Popeye’s. They will likely have a dedicated legal team that will be hard to beat without a strong legal advocate on your side.
If you need representation, turn to an injury lawyer for slip and fall accidents at Popeye’s from Ben Crump Law, PLLC. They will help you get the compensation that you deserve, no matter who they are up against. To get started, call (800) 647-3113 for an initial consultation.
