Visitor Question

Slip and Fall in McDonald’s…

Submitted By: Katria (Arkansas)

I was in McDonald’s one night ordering my meal. While the cook was making my meal I was going to go to the bathroom. I turned around made a step and fell. I caught myself with my hands and jumped up and looked around, embarrassed.

Someone must have moped while I was standing in line for my order, but there was no wet floor sign up. Another lady came over to help me and told me to sit down for a minute. I was hurting but I really had to go to the bathroom, so I went.

When I finished with the bathroom, I saw a wet floor sign up.

Also the manager was there to interview me about the fall. He was really nice and asked some basic questions. He then told me to go to the doctor if I needed to go.

My lower back was hurting, but I was thinking it would go away. By 4 days later, the pain had not gone away, so I called McDonalds about going to the doctor. The manager at McDonald’s told me to go to the ER, which I did. The ER doctor did not do anything, no x-ray, nothing, but order me some muscle relaxers. I decided to go to the Chiropractor; I knew they would take some x-rays.

My back had a silver dollar size area where it continues to hurt. I ended up missing work on some days and had to go to work in pain on other days.

Also, my left palm / hand have been hurting and tingling quite a bit since the fall. I did have an MRI, but it did not show any irregularity.

It has been almost a year and I continue to have pain in certain locations of my back and in my left hand. I have trouble sitting, standing, walking, driving, etc. at times. Many activities I was able to perform before the fall causes pain when I do them now. Due to my profession, I have to lift and I write a lot and have not been able to work up to my expectations.

The first McDonald’s representative would not talk to me or my doctor’s office. I had to stop treatment due to losing my insurance and no way to pay for the treatment. I eventually lost my job in my belief for not being able to perform my duties r/t the pain.

A McDonald’s representative did obtain my medical information, video, and bills and wants “to settle”. He asked me how much money I want in order to settle this slip and fall. He wanted me to give him a number. I don’t know what to ask for because I have no idea what he had in mind. He said it depends on the medical expenses, lost wages, etc. I know the medical expenses and lost wages is approx. $7000.00.

How do I know how much to say, when I don’t know what number he is thinking?

How much should I ask for? What should I do?

Thanks in advance!

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Katria,

Well, it sounds as though you have a legitimate claim and have gone to the medical doctor to substantiate your injury which is an excellent start.

If you are still experiencing pain, it may not be a good idea to settle.

Typically, clients should not settle until after they have finished treatment and get a release from their doctor.

Otherwise, there may be unforeseen injuries after-the-fact, yet a settlement bars any additional recovery.

Assuming you have completed your treatment, a well drafted Demand Letter will articulate your your medical expenses and will multiply that number by a baseline of three in most cases.

For example, if you have incurred $7,000.00 in medical expenses, most lawyers might begin with $21,000.00 and add your lost wages to that.

Most importantly, do not settle if you still feel pain and do not agree to any terms without having them reviewed, possibly by someone experienced with settling cases.

Learn more here: Restaurant Liability for Injuries

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,


2 thoughts on “Slip and Fall in McDonald’s…

  1. Robert E says:

    In April 2012 I fell at a McDonald’s due to poor maintenance in their walkway. Due to the fall I have had to undergo four major cervical surgeries which have required multiple pieces of hardware and screws to be placed in my cervical area.

    Have completely lost my ability to hold a job. Live in pain level 7-10 daily. Cannot travel more than 50 miles in a car, simply because it puts me in severe pain.

    McDonald’s insinuates that people have falls just to make money, which absolutely makes me furious. No amount of money is worth giving up your life for.

  2. m harley says:

    I slipped and fell in front of the pop station. I am now 6 weeks out from a major shoulder reconstruction.

    The first thing that happened was all the customers that ran to my aid. I was in such pain, I didn’t get any witness names. Bad mistake! They offered me my meal for free. I knew 15 min later I needed to go to the ER. The manager gave me a business card.

    I got a call from the insurance company while in the ER. Liability only, no medical. Screw them! I have to sue them for my medical, loss of wages, etc. The lawyer gets a third, but all I really want is all my bills and lost wages covered.

    Remember, medical all wants their $ from that settlement! I am looking at 5+ months off work, major loss of wages. Plus, I lost 2 postings that would have gotten me off the factory floor.

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