McDonald's Slip and Fall Results in $5.67 Million Verdict


November 03, 2010

A 59 year-old woman who suffered serious spinal injuries when she slipped and fell in a McDonald’s was awarded $5.67 million by a federal jury. The woman suffered a burst compression facture to her vertebrae at the L1 level. The injuries were so severe they required two separate surgeries. The slip and fall victim will be on a permanent pain management program and is unable to get around without the assistance of a wheelchair.

The jury in the case found that the McDonald’s failed to follow its own procedures for preventing floors from becoming slippery. At Montlick and Associates, Attorneys at Law, we represent those who suffer serious injuries in slip and fall accidents throughout Georgia.

The McDonald's where the slip and fall accident occurred was a franchise store. When a franchise owner purchases a McDonald’s, they are provided with a manual that provides procedures for maintaining and cleaning floor surfaces. The procedures include nightly and regular periodic checks by the manager to ensure that a slippery film does not build up on the floor. Testimony was introduced in the case that the store was understaffed and that the periodic checks of the floor were not conducted, which permitted a slick greasy film to accumulate on the floor. The McDonald’s failure to follow its own safety procedures led the jury to find the restaurant liable for the accident victim’s injuries. The jury ultimately awarded $2.67 million for lost wages and decreased earning capacity and $3 million for the slip and fall victim’s pain and suffering and loss of enjoyment of life.

One key liability issue in a slip and fall case is the length of time that a substance remains on the floor and the procedures in place for monitoring and cleaning the floor. A fast food restaurant is a place where it is reasonably foreseeable that spills will occur, so the restaurant must have procedures in place to monitor for such hazards and to clean them up. If the restaurant fails to follow its procedures, as in the McDonald's case, it will often be held liable for the resulting injuries to patrons. As in this case, it may not be necessary to even establish what was on the floor. It may be sufficient to show a lack of adequate procedures for monitoring the floor or that the procedures were not followed.

Many people assume that slip and fall accidents only result in minor injuries. As the McDonald’s incident demonstrates, a slip and fall accident can result in catastrophic injuries including spine and head injuries. If you or someone you love is injured in a serious slip and fall accident, you should seek immediate medical attention and consult an experienced Georgia slip and fall attorney. Montlick and Associates, Attorneys at Law, can help you as they have helped families throughout Georgia for over 25 years. Our Georgia slip and fall attorneys are available to assist clients throughout all of Georgia, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Dalton, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. Call us today for your free consultation at 1-800-LAW-NEED (1-800-529-6333), or visit us on the web at www.montlick.com. No matter where you are in Georgia, we are just a phone call away and we will even come to you.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.