Visitor Question

Tripped on curb at McDonalds…

Submitted By: Anonymous (Huntington Beach, CA)

Yesterday I tripped and fell on a curb on my way into a McDonalds as someone was opening the door to exit. It startled me, and I tripped on the curb, falling with my full body weight into the door and onto the ground. It was pretty intense, blood started pouring out, I knew instantly I’d need stitches.

One of the employee’s drove me to a store to get butterfly bandaids, and he told me to contact corporate, because they would pay for my medical expenses.

I ended up going to the urgent care and getting 4 stitches, which cost a $75 copay. I will have a scar above my eye for the rest of my life. People are telling me, that since I sustained a permanent scar on their property (even though I tripped), they may offer me a settlement to avoid court.

I was wondering what perspective you can give? Thank you for your time.

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.

Answer

Dear Anonymous,

You may be in a tenable position to seek compensation from the McDonald’s Corporation. However, your position for compensation may be diminished by your Comparative Negligence, if any. The State Of California is a Comparative Negligence state. This means McDonald’s liability for your fall and resultant injuries may be diminished according to the degree of your own negligence. With that said, let’s look closer at the event…

For whatever reason you didn’t see the person coming out of the door, or if you did, it was too late. In spite of Comparative Negligence, you may also have a good argument you did not contribute to the collision and resultant fall.

You could argue McDonald’s should not have designed its door so close to the curb. This causes people stepping up to the curb to have insufficient room to step back to avoid a collision with someone exiting McDonald’s without falling off the curb and injuring themselves. This may be a design flaw. Because it is McDonald’s property, they may be the primary party responsible for your injury.

Persons invited onto a business premises to purchase goods or services are referred to as “Invitees.” As an invitee, McDonald’s has a legal duty to do everything within reason to assure that you, and others legally upon the property, are safe from undue harm and injury. This legal duty falls under “Premises Liability.”

It is arguable, by placing the door so close to the curb, McDonald’s failed in its duty to protect you. As a result, you may have an injury claim based on premises liability. However, you would likely not be able to win a claim like this without legal representation.

Contact several personal injury attorneys in your area. Most will not charge for an initial office consultation. Be sure when contacting the attorneys you make clear your injury resulted in a permanent scar on your face. It is likely you will not have trouble finding an experienced personal injury to represent you.

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) 647-2490.

Best of luck,

Published: October 19, 2017

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