Fall at a McDonald’s Leads to Premises Liability Claim

Falls are not rare. In 2022 alone, 46,653 people in the United States lost their lives after a fall, according to Statista. This makes falls one of the three leading causes of preventable death. Millions more suffer non‑fatal fall injuries, including more than 14 million older adults each year. When a slip and fall accident happens, the law gives injured customers the right to seek fair compensation through a premises liability claim.

Recovery Law Center’s Honolulu team has guided many clients through this legal process. If you suffered injuries in a McDonald’s slip and fall, schedule a free consultation with our experienced personal injury attorneys today.

McDonald’s Parking‑Lot Lawsuit

In July 2018, an individual filed a lawsuit against a McDonald’s restaurant operator alleging negligence. The plaintiff claimed to have slipped and fallen on an unnatural accumulation of ice and snow in the restaurant’s parking lot, resulting in injuries to the back and shoulder. The lawsuit asserted that the defendant failed to maintain the parking area properly. The plaintiff sought damages exceeding $50,000.

Although the case arose on the mainland, the same premises liability principles apply in Hawaii: property owners must correct dangerous conditions or warn guests about them.

Hawaii Premises Liability Basics

Hawaii’s courts have long held that an occupier of land has a duty to use reasonable care for the safety of all persons reasonably anticipated to be on the premises. To win a slip and fall case, an injured visitor must show:

1. A dangerous condition (wet floors, uneven surfaces, broken tiles, greasy floors, etc.).
2. The owner knew or should have known about the hazard.
3. The owner failed to fix the hazard or post clear warning signs.
4. The hazard caused the injuries sustained and resulting losses.

Common Slip and Fall Incidents in Fast‑Food Restaurants

Slip and fall incidents in the fast‑food industry stem from a variety of dangers:

• Greasy floors near fryers and drink machines
• Wet floors from mopped areas without warning signs
• Uneven surfaces or broken tiles at entrances
• Poor lighting in parking lots and walkways
• Ice or puddles created by defective gutters or freezers
• Loose floor mats that bunch or slide
• Clutter such as boxes, tools, or spilled condiments

Any of these conditions can cause serious injuries, including head injuries, soft‑tissue injuries, or spinal cord injuries.

Proving Negligence in a Slip and Fall Claim

Building a strong slip and fall case requires quick, organized action:

1. Incident report – Ask the manager to create a written report and request a copy.
2. Witness statements – Collect names and contact information of anyone who saw the fall.
3. Photos and video – Use a phone to capture the dangerous condition before the staff cleans it.
4. Medical records – Seek medical attention immediately; prompt treatment ties injuries to the incident.
5. Preserve footwear and clothing – They may contain residue showing slippery surfaces.
6. Track expenses – Keep bills for emergency care, physical therapy, and any extensive medical treatment.
7. Lost‑wage proof – Gather pay stubs or employer letters showing income you missed.
8. Consult a fall attorney – An experienced personal injury attorney can send preservation letters to secure security‑camera footage and maintenance logs.

These steps help prove negligence and link physical pain, emotional distress, and medical expenses to the dangerous condition.

What Damages Are Available?

A successful slip and fall claim can recover:

• Medical expenses – ambulance, hospital stays, surgery, rehabilitation
• Future care costs – ongoing therapy, adaptive equipment, home modifications
• Lost wages – income missed during recovery and reduced earning capacity
• Pain and suffering – physical pain and emotional distress
• Out‑of‑pocket costs – travel to appointments, prescription co‑pays
• Punitive damages (in rare cases) – when conduct shows reckless disregard for safety

Fair compensation reflects both immediate bills and long‑term needs.

Hawaii‑Specific Rules You Should Know

• Two‑year statute of limitations – Most personal injury claims in Hawai‘i, including slip and fall cases, must be filed within two years of the fall incident.
• Comparative negligence – If you are partly at fault—for example, walking while texting—your award is reduced by your percentage of fault, but you can still pursue compensation unless you are 51 percent or more responsible.
• Notice requirement – You must show the owner knew or should have known about the hazard. Constructive notice can be proven through maintenance logs, weather data, or the length of time the hazard existed.

Missing deadlines or failing to gather evidence early can jeopardize your fall settlement.

Steps to Take After a Slip and Fall Accident in Hawaii

1. Seek medical attention immediately. Delayed care can worsen injuries and weaken your claim.
2. Report the fall accident to the property owner or manager before leaving the scene.
3. Document everything. Take pictures, keep clothing, and note the time and weather.
4. Avoid social media posts about the fall injuries or the legal process. Insurers scour public profiles.
5. Speak to a personal injury attorney before giving statements to insurance adjusters.
6. Follow all treatment plans to show you are serious about recovery.
7. Keep a pain journal to track daily limitations and emotional impact.

These actions can make all the difference in securing a fair settlement or winning at trial.

How Recovery Law Center Helps Injured Visitors and Residents

Our law firm has a strong track record representing people hurt by unsafe premises. When you hire our fall lawyers, we will:

• Investigate quickly, preserving video and maintenance records.
• Work with medical experts to document the full extent of your injuries sustained.
• Handle all insurance claim negotiations while you focus on healing.
• Prepare every case for trial to push for maximum compensation.
• Advance costs so you pay nothing upfront. We only get paid when you receive fair compensation.

Injured in a Slip and Fall? Call Recovery Law Center

Slip and fall accidents may seem minor at first, but they often lead to severe injuries, extensive medical treatment, and months of lost income. If a dangerous condition in a fast‑food restaurant or any property caused your injuries, Hawaii law gives you the right to pursue compensation.

Let Recovery Law Center put its experience to work for you. Call our office or complete our online form today to schedule your free consultation with an experienced slip and fall attorney. We will fight to hold negligent property owners accountable and help you receive the fair settlement you deserve.