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Is there any legal action I can take for my daughter falling in McDonalds?

Saddle Brook, NJ |

I was at McDonalds with my 3 kids. A worker started mopping the floor just outside the play area. My 8 year old daughter came over to me and I told her to be careful because the floor was wet. She walked back to the play area slipped and took a hard fall. There was no wet floor sign. She is bruised & Cut up on her left elbow, knee, foot and hip. She is complaining of stomach pain and suffered a headache. I am taking her to the doctor. The manager never came to check on her. We had to ask for ice and bandages. A worker (who placed a sign after the fact) took my number and name and told me the manager would call. He didn't. i want to know if I should just file a complaint or if I should contact a lawyer.

Attorney Answers 4


  1. You should contact an attorney immediately to discuss the facts of your case. There should have been a wet floor sign indicating the danger. While you knew of the danger, and warned your daughter, only lessens the liability a portion. Because of your daughter's age it is unknown as to whether she comprehended the location of the slippery condition. Without the wet floor sign she wouldn't have known. Further, McDonald's and its employees should have known that there was a heightened risk due the to the location that was being mopped, the area directly next to the playground.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.


  2. You should probably retain an attorney.
    Slip and Fall cases can be difficult, but they can also provide some justice and compensation. Your statement indicates your daughter was a "business invitee" since the business had invited her there and the business had the profit motive, so the business would have a duty to protect the public against "unreasonably hazardous" conditions. Whether any particular conditions are "unreasonably hazardous" can be an issue of fact.
    It is important to follow your doctor's orders and get everything into the medical records regarding the extent of the injuries.

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]


  3. You should immediately secure all needed medical care for your daughter. McDonald's typically defends all claims very aggressively. If your daughter has sustained no permanent injury, you will be unlikely to recover anything beyond the cost of any medical care actually rendered to your daughter. Good luck to you both.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  4. You should contact an attorney who handles these types of cases. This case appears to be more difficult based on the circumstances of this case.

    Also, it is not clear as to the extent of her injuries.

    But if the claim is minor you should be able to settle same, otherwise, you will need to file suit. As the plaintiff, you will need to prove that the defendant did something wrong to cause you and/or your daughter to not know the floor was wet and slippery, since, it appears you knew and waned your daughter.