With every accident case we undertake, the stakes are unquestionably high. An injured person often faces mountains of medical bills, missed work, and an uncertain future. When there is so much on the line, you need a law firm with the resources, skills, and tenacity to seek the full value of your case. In a recent high-stakes win, Farah & Farah premises liability attorney Savannah Cooley secured a substantial settlement for a client who suffered severe injuries due to a slip and fall at a fast food franchise.
We sat down with Savannah to uncover this case’s unique challenges and how they were overcome to deliver a settlement exceeding one million dollars for a most deserving client.
What Happens When You Slip and Fall at a Fast Food Restaurant?
The challenges presented in the case were significant, as they all started by proving the negligence of a major fast food franchise. Who’s responsible when you get injured at a national burger chain? Is it the corporation, i.e, the franchisor? Or is it the franchisee who owns the local restaurant? Or is it the manager on duty when the fall occurred? Let’s dig into the facts to find out.
Our client’s story began in 2017 when she visited the restaurant with her boyfriend. While refilling her drink, she slipped on a leaking soda machine, resulting in a severe knee injury. Investigations would show that the leak had been an ongoing issue with employees acknowledging that the soda machine was frequently malfunctioning, but management repeatedly failed to repair it.
Because the burger chain is owned by an independent franchisee, who receives direction from the corporate franchisor and relies on local management for day-to-day operations, determining who is responsible and holding them accountable can take many forms. Savannah and her team used a strategic legal plan to seek maximum compensation from the franchisee’s insurance policy.
Overcoming Challenges in the Fight for Justice
One of the primary difficulties in this case was establishing negligence, which requires a lot of evidence, including video surveillance, eyewitness testimonies, and more. The defense team was reluctant to provide crucial information on the employees at the time of the accident, so Farah & Farah attorneys stepped up to the plate and followed the evidence with extensive investigations. As with most fast food establishments, this restaurant had fairly frequent staff turnover. That meant Savannah Cooley and her team had to track down former employees who had left the restaurant years prior.
This shines a light on how complex and pivotal the investigation process is as our legal teams work up a case.
The process required utilizing every tool at this intrepid attorney’s disposal, including poring through employment records to find names and addresses, locating photos and videos from the scene, and even using social media to help track parties down and secure witness statements. Investigations helped uncover that because management knew of the dangerous situation and failed to do anything to fix it, it falls under a legal premise called “failure to warn,” effectively constituting negligence on their part.
How Do You Know How Much Your Accident Case Is Worth?
The settlement process was difficult in itself because so many years had passed since the client’s initial injury. The goal was to secure a settlement covering the client’s extensive pain and suffering and out-of-pocket medical expenses. With medical bills surging into the hundreds of thousands of dollars, our team aimed to maximize compensation to reflect the client’s ongoing suffering and recovery needs, now and in the future.
Pursuing every possible avenue for recovery, Savannah and her team secured a $1.275 million settlement just weeks before the trial would have begun. They also conducted additional investigations as Farah & Farah seeks to maximize the possible recovery for every client that comes through our doors.
Follow the Medical Facts From Injury to Recovery
The client’s medical journey began with an MRI that initially revealed no meniscus injury but showed cartilage loss. As time went on, subsequent MRIs indicated a deteriorating situation with a full-thickness tear of the anterior cruciate ligament (ACL) and further damage to the meniscus, necessitating three knee surgeries, and, finally, a total knee replacement.
According to a study presented by the American Academy of Orthopedic Surgeons, ACL tears raise the risk of developing osteoarthritis in the future, highlighting the long-term impact of the accident.
The Client’s Reaction Says It All
After enduring a lengthy and challenging legal process, the final settlement of $1.275 million was life-changing for this deserving client. It provided her with the financial means to rebuild her life, overcoming extreme hardships, including homelessness, as well as the financial strain she faced during the legal process. “The client was so relieved to finally be heard and finally get the compensation she deserved,” Savannah recounted. “She received the money she needed to rebuild her life. In that, she was vindicated for everything she’d endured.”
We’ll Help You Seek the Justice You Deserve
At Farah & Farah, we understand the profound impact an injury can have on you and your loved ones’ lives. If you or a loved one was injured at a place of business, you don’t have to face it alone. Contact our team to learn your options and help chart a path forward.
