A trip to McDonald’s can quickly turn into a painful accident if food is left on the floor. If you slip on French fries at a McDonald’s and injure your back, you may have grounds for a premises liability claim depending on how the accident occurred and what the restaurant knew—or reasonably should have known—about the hazard.
The Perazzo Law Firm specifically identifies food, liquids, and other slippery substances on restaurant floors as potential causes of slip-and-fall accidents. The firm recommends immediately reporting the fall to the restaurant manager, requesting medical assistance when necessary, photographing the food or substance that caused the fall, and obtaining information from witnesses.
Florida Law and Food Left on the Floor
In Florida, a French fry or other piece of food left on a restaurant floor may constitute the type of temporary hazard addressed by Florida Statute §768.0755, which governs slip-and-fall accidents involving “transitory foreign substances” in businesses.
Florida law states:
“The injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.”
The statute provides that constructive knowledge may be established when the dangerous condition existed long enough that the business, exercising ordinary care, should have discovered it, or when the condition happened regularly enough that it was foreseeable.
This means that simply slipping on fries does not automatically make McDonald’s liable. Evidence becomes critical. For example, surveillance footage, witness statements, employee observations, cleaning records, or evidence showing the fries had been on the floor for an extended period could help establish whether restaurant employees knew or should have known about the hazard. Florida appellate courts have emphasized that actual or constructive knowledge is a key issue in these cases.
What If My Back Starts Hurting After the Fall?
Back pain following a slip and fall should not be ignored. The Perazzo Law Firm lists cervical, thoracic, and lumbar spine injuries, including disc damage, bulging discs, herniations, and ruptures, among injuries that may result from falls. Other common slip-and-fall injuries include concussions and head injuries, wrist fractures, shoulder injuries, hip fractures, knee injuries, ankle sprains, and broken bones.
Seeking prompt medical evaluation also creates documentation connecting your symptoms and treatment to the accident.
Injured in a Restaurant Slip and Fall? Contact the Perazzo Law Firm
If you slipped on fries, spilled drinks, ketchup, grease, or another substance at McDonald’s or another fast-food restaurant, The Perazzo Law Firm can review the circumstances of your accident and the available evidence.
The firm handles personal injury and premises liability matters in Miami and Atlanta and states that it serves clients in Florida, Georgia, and Texas, including Dallas. Jonathan Perazzo, Esq. is licensed in Florida, Georgia, and Texas.
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