The managers and franchisers of fast-food restaurants must ensure that members of the public who enter their property are always reasonably safe from harm. However, that does not mean that fast-food restaurant owners or operators are always legally responsible for injuries occurring inside their buildings. Even if they are at fault, holding them accountable for their actions through private settlement talks or a civil court trial may be difficult.
Suing for incidents at fast-food restaurants in Baton Rouge can be a tricky but crucial process to enforce your right to civil recovery if you were hurt because of dangerous property conditions in these establishments. Fortunately, you have support available from the compassionate premises liability attorneys at Tomeny | Best. We could fight for you like you are part of our family and pursue the financial compensation you deserve.
What Makes a Merchant Liable for an Injury on Their Property?
Under Louisiana Revised Statutes §9:2800.6, every merchant—i.e., someone who sells food, wares, or any other consumer goods in a fixed place of business—is required to demonstrate reasonable care for their property. This is to ensure that the property is free of dangerous conditions that could potentially harm lawful visitors, such as yourself. You could sue a merchant for your injury if they had received actual or constructive notice of the hazard that caused the injury; if that hazard was unreasonably dangerous; and if the landowner failed to promptly address it by fixing it and/or warning you about it.
Due to these requirements, you need to prove two things to successfully sue over an accident in a Baton Rouge fast-food establishment: that the owner knew or should have known a specific hazard existed and that they did not act to prevent that hazard from directly causing you harm. The classic example of a hazard is an unmarked spill on a tile floor, but our skilled legal counsel may be able to help you take action over other dangerous conditions, such as broken furniture.
Getting Paid Fairly Within Filing Time Limits
A comprehensive lawsuit over a fast-food restaurant injury in Baton Rouge could seek recovery for both special and general damages of that injury, including:
- Medical bills
- Physical pain and suffering
- Lost work income and/or working ability
- Emotional anguish and distress
- Personal property damage and related expenses
- Lost enjoyment of life, other effects of long-term disability, and/or disfigurement
Under Louisiana Civil Code §3493.1, most plaintiffs must file suit over their injuries no later than two years after the date on which the accident occurred. However, since this statute of limitations was recently changed by the state legislature, a shorter one-year deadline may apply for injuries that occurred before July 1, 2024.
Call To Learn More About Suing for Incidents at Baton Rouge Fast-Food Restaurants
Getting hurt while picking up a meal on the go can do much more than disrupt your day. Every year, new accidents causing life-altering harm happen inside fast-food establishments. If you have been the victim of such an accident, understanding and proactively enforcing your right to civil recovery could be crucial to protecting your rights.
Our capable property liability lawyers from Tomeny | Best could be invaluable allies throughout the process, supporting you with suing for incidents at fast-food restaurants in Baton Rouge. Call today for a free consultation.
