My husband got tboned at Wendy's while he was ordering in the drive thru. There's no protective barrier between parking spots and the drive thru like with McDonalds or Burger King. So she rammed into him at 20 miles an hour. He wants to know if he can sue Wendy's. He was hurt pretty bad in the accident.
Without seeing the area you are referring to specifically, I think it is questionable as to whether you can recover anything from Wendy's. You could open a claim and see if Wendy's will make a settlement offer. But I wouldn't get my hopes up. The main focus right now is for your husband to keep treating his injuries and have a personal injury attorney evaluate his case. No contact with the other driver's insurance either! Good luck
You can sue a ham sandwich. You need to go visit with a PI lawyer near you to get an evaluation.
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It would tough to get Wendy's on the hook for this. To make a case for premises liability you need to show that there was a danger or a reasonable likelihood of that danger occurring and that Wendy's could have done something about it. There may be a case, but there is more to discover. Contact a local attorney to handle the case against the driver. Also ask them to explore options against Wendy's
I'm so sorry to hear about this situation. I hope your husband is getting the medical care he needs now to get better. As other responses have mentioned, it's hard to say without knowing more whether a claim against Wendy's would be successful. Even if it's not, your husband could have other options, like pursuing a claim against the person who hit him or even seeking compensation from his own insurance company through any uninsured or underinsured motorist coverage available to him. At this point, it would be a good idea to reach out to an attorney with experience handling car accident cases in Pennsylvania. Most of us offer free consultations, and we would be happy to help you understand the legal options that may be available. Best of luck to your family with this difficult situation.
The content of responses to questions on this site should not be construed as formal legal advice and is for general, practical, illustrative‚ and informational purposes only. The information in these question responses should not be used in place of a consultation with an attorney‚ or used to make legal decisions. Answers to Avvo questions do not constitute or imply any attorney-client relationship, nor do they provide a prediction of the outcome of your specific legal matter.
Possibly. Hard to say yes or no without actually seeing the location and meeting face to face to get all the facts
It is possible if it can be demonstrates that a safer alternate design was available. Contact a pennsylvania injury attorney. You can find one on avvo or contact any of the attorneys who responded here by looking at their profile
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Your husband has a good case against the other driver, the negligent driver, depending on his tort option and the severity of his injuries. As to Wendy's, that is a tougher case. The question is whether Wendy's drive thru was negligently designed without a barrier and whether the barrier would have either prevented the collision or forewarned the driver so that the driver did not then drive negligently. Interesting case. Good case.
I have handled similar cases in the past. You do not provide enough facts--understandably in a forum like this. I will say the claim will not be easy. It becomes a question of duty. It must be demonstrated that under the circumstances the "barrier" you describe was reasonable and necessary to protect customers. I hope your husband is better and will fully recover but the fact your husband was "hurt pretty bad" should make the case more attractive to an attorney. Frankly if you have spoken to attorneys from the Scranton area--I know many--I 'm from your area and they all have turned you down I would be surprised.
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