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Burger King Loses $8 Million In Slip And Fall Suit


Burger King was ordered to pay an injured customer $8 million after the customer fell on a foreign substance, according to a recent article. The incident occurred in Hollywood, Florida. The 48-year-old plaintiff required surgery on his lower back after slipping and falling near the restroom. His attorneys also claimed that the plaintiff suffered a postoperative perforated colon from the surgical procedure.

The plaintiff blamed Burger King for failing to ensure that the floor area was clear of any potential dangers.

Slip and fall lawsuits 

Slip and fall lawsuits are litigated on a theory of premises liability. In a premises liability case, the plaintiff must establish that the injury or dangerous condition was foreseeable. In most cases, that means establishing that the employees knew about the dangerous condition and failed to do anything about it until someone got hurt. In this case, Burger King claims that the store’s manager had “virtually no knowledge” that there was a slip hazard near the bathroom. They plan on appealing the verdict.

In a case like this, an appeal could be successful. The judge would deliver instructions to the jury on how to decide the slip and fall case. One of those instructions would involve the question of whether or not the slip hazard had been spotted by the employees prior to the fall. Burger King’s defense counsel claims that the plaintiff offered virtually no evidence that the manager of the store knew about the slip hazard prior to the accident.

Burger King was also unhappy with the size of the jury award as well. While slip and fall accidents can sometimes result in large settlements and jury awards, this is one of the largest settlements in recent memory regarding a simple slip and fall lawsuit.

The perforated bowel 

The plaintiff also suffered a perforated bowel during his surgery which added to the extent of his injuries. However, this wasn’t strictly Burger King’s fault. The proximate cause of the injury was the slip and fall, but the perforated bowel was the result of a surgery performed by doctors. Burger King could argue that they are not responsible for the perforated bowel—only for the slip and fall. The plaintiff would be on the hook to sue his doctors if they committed some form of medical malpractice that increased the extent of his injuries.

In this case, the perforated bowel drove up the cost of the lawsuit significantly for the defendant. However, Burger King has signaled that they plan to appeal the verdict on the grounds that the manager of the store was not aware of the slip hazard as required by law. They will likely also dispute the claim that they are responsible for the extent of the plaintiff’s injuries related to the perforated bowel.

Talk to a Port St. Lucie Personal Injury Lawyer Today 

Eighmie Law Firm represents the interests of Port St. Lucie residents who have been injured in slip and fall accidents. Call our Port St. Lucie personal injury lawyers today to schedule a free consultation and we can begin discussing your allegations immediately.



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