Average McDonald’s Slip and Fall Settlement in California
Legally reviewed by: Jessica Anvar Stotz, JD, MBA
Short answer: McDonald’s slip and fall settlements can range from $20,000 – $150,000+. Depending on the expertise of your attorney, settlements involving minor injuries will likely settle between $20,000-$50,000. Settlements involving major injuries can exceed $500,000.
Below we’ll talk about factors that affect McDonald’s slip and fall settlements and how you can maximize your potential claim.
Common McDonald’s Slip and Fall Settlements
| Severity of Accident | Average McDonald Slip & Fall Settlement |
| Minor | Approximately: $20,000-$50,000 |
| Moderate | Approximately: $50,000-$150,000 |
| Severe | Approximately: $150,000-$500,000+ |
Example McDonald’s Injury Cases
- McDonald’s admits liability in slip and fall. $18M. Los Angeles County. Case Name: Jonathan Choto v. Dorothy D. Inc., et al.
- Mary Lane walked out of a McDonald’s restroom, she slipped on the wet floor and fell backward, landing on the floor of the restaurant owned by PATANN, Inc. Settlement amount: $130,000.
How Long Will My Case Take?
The duration of a slip and fall case against McDonald’s can vary based on several factors. Cases can take anywhere from a few months to several years to resolve, depending on the complexity, evidence, and whether a settlement is reached, or if it goes to trial. Consulting with an experienced slip and fall lawyer will help give you a more specific timeline for your slip and fall case in California.
Estimate What Your Case Could Be Worth
Use our online slip and fall calculator below to get an estimate of what your McDonald’s slip and fall case could be worth. Estimates take 90 seconds or less.
Who Can Be Held Liable for a Slip and Fall at McDonald’s
In a slip and fall case at McDonald’s, various parties may be held liable depending on the circumstances of the incident. Potential parties include:
- McDonald’s Corporation: The corporate entity may be held responsible for issues related to maintenance, safety protocols, and overall premises liability.
- Franchise Owner: If the McDonald’s is a franchise, the individual or company that owns and operates that specific location could be held liable for negligence in maintaining a safe environment.
- Property Manager: If there’s a separate entity responsible for managing the property where the McDonald’s is located, they might be held liable for inadequate maintenance or safety measures.
- Contractors or Maintenance Companies: If a third-party company is responsible for maintaining the premises, such as cleaning or repairs, they could be liable if their negligence contributed to the slip and fall.
*Determining liability in a slip and fall case is complex, and it often requires a thorough investigation.
Factors That Affect Settlement Amounts
Several factors can influence the size of a settlement in a slip and fall case. Below are a few that may be applicable to your case:
Factors that May Help You Receive a Larger Settlement
- Severe Injuries: The extent and severity of your injuries can significantly impact the settlement amount. More severe injuries may result in higher medical bills, ongoing treatment costs, and increased pain and suffering, all of which contribute to a larger settlement.
- Medical Expenses: Documenting and presenting substantial medical expenses related to the slip and fall, including hospital bills, surgeries, rehabilitation, and ongoing medical care, can strengthen your case for a larger settlement.
- Lost Wages: If the slip and fall caused you to miss work, resulting in lost income, you may be entitled to compensation for those financial losses.
- Pain and Suffering: Non-economic damages, such as physical pain, emotional distress, and a diminished quality of life, are factors considered in settlement negotiations. The more these factors can be demonstrated, the higher the potential settlement.
- Negligence of the Defendant: If it can be proven that the property owner or responsible party was grossly negligent, this may lead to a larger settlement. For example, if they were aware of a dangerous condition and failed to address it promptly.
- Evidence of Liability: Strong evidence demonstrating the property owner’s negligence, such as photos, videos, witness statements, and accident reports, can bolster your case and potentially lead to a more substantial settlement.
Factors that May Lead to a Smaller Settlement
- Comparative Negligence: If the defendant can demonstrate that you were partially at fault for the slip and fall, it could reduce the amount of the settlement. Some states follow a comparative negligence rule, where your compensation is reduced based on your percentage of fault.
- Pre-existing Conditions: The presence of pre-existing medical conditions may be used by the defense to argue that your injuries were not solely caused by the slip and fall incident.
- Lack of Evidence: A lack of compelling evidence supporting your claims or establishing the property owner’s negligence may weaken your case and potentially result in a smaller settlement.
- Quick Settlements: Accepting a quick settlement offer without fully understanding the extent of your injuries and future expenses may lead to a smaller settlement. It’s essential to consult with a lawyer before agreeing to any settlement.
Should You Hire a Lawyer?
Hiring a lawyer for a slip and fall case offers several advantages. Attorneys are familiar with legal processes, helping you navigate complex procedures, deadlines, and paperwork.
They can assess the strength of your case, gather evidence, and negotiate with the opposing party, increasing the likelihood of a favorable outcome. Lawyers also provide crucial expertise in calculating fair compensation, factoring in medical expenses, lost wages, and pain and suffering.
On the other hand, not hiring a lawyer may save you immediate costs, but it comes with significant drawbacks. Without legal representation, you might struggle to build a compelling case, negotiate effectively, or understand the full extent of damages you’re entitled to.
Insurance companies may take advantage of your lack of legal knowledge, potentially offering lower settlements. Overall, hiring a lawyer enhances your chances of securing a fair and just resolution, ensuring your rights are protected throughout the legal process.
Why Delaying Filing a Claim Can Hurt Your Potential Settlement
Delaying the filing of a claim can significantly impact the odds of a favorable settlement. Evidence may degrade over time, making it harder to prove liability. Witnesses’ memories can fade, and crucial details may be forgotten.
Additionally, statutes of limitations impose deadlines on filing claims, and missing these deadlines could result in the loss of the right to seek compensation altogether. Acting promptly increases the likelihood of preserving key evidence and strengthens your position when negotiating a favorable settlement.
Get Connected with an Attorney
Want to chat with a lawyer about your injury at McDonald’s? Contact LawLinq today to get referred to some of the best slip and fall lawyers in the state of California free of charge.
