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My wife fell in the parking lot of a McDonald's in VA (8/12) & ended up braking her foot & requiring surgery. Can we sue?

New York, NY |

It occurred during a torrential rainstorm while we were returning to NY from a vacation. She slipped on an arrow that is painted on the ground for the drive-through line while walking across the parking lot to our car. There were no treads in the arrow for traction and it was difficult to see in the darkness and driving rain of the storm. I returned inside & told them she fell & all they did was replace the food she dropped. No manager got involved & no one came out to check on her. She required a metal plate and screws to fix the fracture and a bone chip had to be removed as well. She is still recovering and in pain. I'm sure there may be cameras that recorded her fall, if the "tapes" are still available.

Attorney Answers 6


  1. It is a significant injury. Consult a local injury lawyer, who may be able to get friction testing done on the arrow when wet. If the spot is too slick, you may have a case. Save the shoes she was wearing as they will want to look at them and possibly blame them.


  2. You need to speak with a VA personal injury lawyer. Try re-posting your question in the VA Avvo section.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  3. It is worth speaking with a virginia personal injury attorney. He will need to see if an expert finds that the arrow is unduly slippery. The films almost certainly are not available because so much time has lapsed.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  4. You can sue in federal court in New York if you sue for more than $75000 which is certainly possible with the serious injury that was sustained. An expert engineer in VA can be retained to investigate the site and make a report of the dangerous conditions. Our office can assist you if you wish.
    Andrew Spinnell


  5. I think that your wife may have a valid legal claim, subject to our ability to confirm that the arrow was too slippery when wet. If it hasn't changed since the date of the accident, an engineer could conduct tests on the arrow when wet to determine its coefficient of friction.

    I have contacted a few of my colleagues both here in New York as well as in Virginia and should have some information for you very shortly as to whether we would be able to take the case either in New York or in Virginia

    Please contact me to discuss this further.


  6. Good for you for intelligently describing why you think a badly designed surface caused the injury. So many people mistakenly think that just because you fall on a business's property they are automatically liable. You've got me thinking about whether there is a big difference in the co-efficient of friction between the wet unpainted asphalt and the wet painted asphalt.

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