Las Vegas McDonald’s Slip & Fall Accident Attorneys

What Should I Do Immediately After a McDonald’s Accident?

What you do in the first hour after your fast food restaurant accident can make or break your case. Evidence in a high-traffic restaurant with constant cleaning and customer turnover can disappear in minutes. If you can only do three things right now:

1. Take photos of where you fell and what caused it
2. Get medical attention within 24 hours
3. Don’t give any recorded statements to insurance

Here are the complete steps when you’re able:

Document Everything Before It’s Gone

Use your phone to take extensive photos and video before anything gets cleaned up or moved. The specific spot where you fell and what caused it – whether it’s grease near the fryers, a beverage spill, or water tracked in from outside. The lack of warning signs or barriers. Your immediate injuries, even if they seem minor. The surrounding area showing poor lighting, torn floor mats, or other contributing factors. If possible, photograph the time on your receipt or order number to establish when the accident occurred. Time stamps matter. Also preserve physical evidence: Place the clothing and shoes you were wearing in a sealed bag – they can show grease residue or other substances that caused your fall. Keep your McDonald’s receipt, as it proves you were a paying customer (an “invitee” in legal terms) owed the highest duty of care.

Get Witness Information

If anyone saw your accident – other customers, McDonald’s employees, or people in line – get their names and phone numbers immediately. Fast food witnesses are challenging to track down later because customers come from all over the Las Vegas valley and may never return to that location. Don’t assume restaurant management will collect accurate witness information for your benefit.

File an Incident Report

Insist on filing an official report with a manager, not just a crew member. McDonald’s does not appear to maintain publicly available standardized incident procedures, which means proper documentation at the time of injury is critical. Be factual but careful with your words. DO say:

• “I slipped on grease near the counter and there was no warning sign”
• “I fell on a wet floor in the dining area with no caution markers”
• “I am injured and require medical attention”

DON’T say:

• “I guess I wasn’t watching where I was going”
• “Maybe I was walking too fast”
• “I’m okay, just a little shaken up”

Important: Get a copy of the incident report or take a photo of it with your phone before leaving. Some restaurants have been known to alter reports after the fact or claim no report was filed. Politely decline any immediate offers of free meals or gift cards in place of filing a formal report. If you’re overwhelmed: Even taking a few photos and getting prompt medical care puts you in a much stronger position than most people in your situation. You don’t have to do everything perfectly.

Seek Medical Attention Immediately

Go to urgent care or the ER within 24 hours, even if you feel “okay.” Fast food restaurant slip and falls on tile or concrete floors often result in injuries that don’t show symptoms immediately. Soft tissue damage, concussions, and internal injuries can take hours or even days to manifest. This creates an official medical record linking your injuries directly to the fall, which becomes crucial evidence if the restaurant tries to claim your injuries came from somewhere else.

Do I Have a Valid McDonald’s Case?

After getting hurt at a fast food restaurant you visit regularly, it’s natural to second-guess yourself. You might wonder “Was this really their fault?” or “Is my case strong enough?” These doubts are completely normal, but don’t let McDonald’s or their insurer make that decision for you. You may have a very strong claim. Even if you’ve eaten at this McDonald’s location many times, that doesn’t make you responsible for hazards their staff failed to address. Under Nevada law, restaurants owe customers a heightened duty of care because patrons are invited onto the property for the restaurant’s economic benefit.

What Proves McDonald’s Was Negligent

Under Nevada premises liability law (NRS 41.130), to have a valid case we must show: A dangerous condition existed: Greasy floors, beverage spills, food on floors, wet surfaces from mopping, poor lighting, or structural defects created a hazard. McDonald’s knew or should have known: The hazard existed long enough that reasonable inspection and maintenance would have discovered it. Fast food restaurants are required to conduct frequent safety checks throughout the day. They failed to fix it: No cleanup occurred, no repair was made, and no warning signs or barriers were provided to protect customers. This caused your injury: You were hurt as a direct result of their negligence, not from some unrelated cause.

Common McDonald’s Hazards That Create Strong Cases

Fast food restaurants present unique dangers that differ from other dining establishments. Grease from cooking operations is the primary hazard distinguishing McDonald’s from other retail environments. Industrial fryers, grills, and cooking equipment produce grease that employees track from kitchen areas to dining areas on their shoes. Unlike water that eventually evaporates, grease creates invisible slick spots on tile floors that are nearly impossible for customers to see before stepping on them. When grease mixes with water from mopping, it becomes exceptionally slippery. Beverage spills at self-service stations happen constantly throughout the day. Soda fountains, coffee dispensers, and condiment areas create spill opportunities. The critical issue is how long the spill existed before someone cleaned it up. Food debris on floors including french fries, lettuce, sauce packets, and ice creates trip hazards and slippery surfaces when crushed underfoot. Wet floors from mopping during business hours are common during and immediately after peak service times. Restaurants often mop dining areas while customers are present, and without proper warning signs and adequate drying time, these areas become dangerous. Weather-related moisture at entrances becomes especially problematic during Las Vegas’s summer monsoon season or winter rain. Water gets tracked inside on customers’ shoes, and without proper floor mats and frequent monitoring, entrance areas become slick. Floor mat and transition hazards include loose mats that bunch up, torn or curled edges that catch feet, and transitions between different flooring surfaces. Poor lighting in certain areas of the restaurant, particularly in corners, restrooms, or storage areas that customers access, can prevent patrons from seeing hazards.

The High-Speed Service Factor

McDonald’s business model depends on serving customers quickly. Peak service times create predictable hazard windows when safety often becomes secondary to speed:

• Breakfast rush: 6:30 AM – 9:30 AM
• Lunch rush: 12:00 PM – 2:00 PM
• Dinner rush: 5:00 PM – 7:00 PM

During these periods, employees are under pressure to move fast – taking orders, preparing food, delivering meals to tables, and cleaning. Spills happen during rush periods but cleaning gets delayed because staff are focused on serving customers. Employees carrying trays and focusing on order accuracy may not notice floor hazards they’re creating or walking past.

Why McDonald’s Franchise Structure Matters to Your Case

Unlike corporate-owned stores with one clear defendant, McDonald’s franchise structure creates legal complexity. The franchisee operates the restaurant and employs the staff, but McDonald’s Corporation often owns the land and buildings, leasing them to franchisees. McDonald’s Corporate also sets operational standards, cleaning protocols, and safety requirements that franchisees must follow. This matters because: Multiple potentially liable parties: The franchisee may be liable for day-to-day operations and employee actions. McDonald’s Corporation may be liable as the property owner/landlord. Corporate may also be liable if they set inadequate safety protocols or inspection schedules. Understanding who bears responsibility requires investigating the franchise agreement, lease terms, and operational control. Insurance coverage differences: Corporate defendants typically carry more substantial insurance than individual franchisees. Identifying all liable parties ensures you’re pursuing adequate insurance coverage, not just a franchisee’s limited policy. Blame-shifting tactics: McDonald’s Corporate will claim the franchisee controlled daily operations. The franchisee will claim they followed Corporate’s standards and protocols. Without experienced counsel, you can get caught in the middle while both parties deflect responsibility.

PlayPlace Considerations

Some McDonald’s locations still have indoor play areas (PlayPlaces), though many closed during COVID-19 and never reopened. If your injury occurred in or near a PlayPlace, additional liability factors apply. These areas have a documented history of safety issues, and parents have different attention expectations when supervising children in designated play spaces. If your child was injured in a PlayPlace, or if you were injured while supervising children there, this adds complexity to your case that requires experienced legal handling.

What If I Was Partially at Fault?

Nevada follows a modified comparative negligence rule under NRS 41.141. You can still recover compensation as long as you weren’t more than 50% at fault for the accident. If you bear some responsibility, your compensation gets reduced by your percentage of fault, but you don’t lose everything. McDonald’s will try to shift blame by arguing you should have seen the hazard, were distracted by your phone, or weren’t paying attention to where you were walking. These are predictable tactics, but they don’t automatically disqualify your claim. Parents supervising young children or people carrying food trays have divided attention – Nevada law recognizes this reality. Example: If your total damages are $100,000 and you’re found 30% at fault, you’d still recover $70,000. But if you’re found 51% or more at fault, Nevada law bars any recovery.

McDonald’s Faces Stricter Standards Than Other Retailers

Fast food restaurants in Nevada face specific legal duties under Nevada Revised Statutes Chapter 446 and Southern Nevada Health District regulations governing food establishments. These regulations require regular health inspections, proper maintenance of cooking equipment, sanitation protocols, and employee training on food safety. When McDonald’s fails to maintain their fryers and grills (causing grease buildup and tracking), or doesn’t follow proper sanitation procedures (allowing spills to accumulate), they’re violating specific food establishment regulations in addition to general negligence. This creates multiple legal violations that strengthen your case beyond what exists in typical slip and fall claims.

When Cases Are Harder to Win

Be honest about these factors that can weaken your claim: You ignored clearly posted “Wet Floor” signs or barriers around a hazard. You were intoxicated or under the influence of drugs. You were in an employees-only area clearly marked as restricted to customers. The hazard was created by another customer seconds before your fall, with no time for staff to discover and address it. You have no documented medical treatment within a reasonable time after the accident. Even with these challenges, you may still have a case depending on the specific circumstances. Jack’s experience helps evaluate which cases can overcome these obstacles and which ones face an uphill battle.

When You Need Legal Help Immediately

Call an attorney right away if you suffered serious injuries requiring emergency treatment, the restaurant refuses to file an incident report or provide a copy, you’re being pressured to sign documents or accept quick settlements, or restaurant employees made statements about knowing the hazard existed. Also call immediately if the hazard involves equipment failure or appears to be an ongoing problem rather than a one-time spill. Remember: Under Nevada law (NRS 11.190), you have two years from the date of your accident to file a lawsuit, but critical evidence disappears much faster. Security footage typically gets overwritten within 30-90 days, employees transfer to other locations or leave the company, and physical hazards get repaired quickly. The sooner you act, the stronger your case.

Protecting Yourself From Insurance Company Tactics

After your accident, you’ll be contacted by an insurance company representing either the franchisee or McDonald’s Corporation. As a major franchise operation, they have experienced legal teams and sophisticated insurance adjusters who handle slip and fall claims regularly. They know exactly how to minimize your compensation. With 40 years of experience as a personal injury attorney taking on major corporations and franchise operations, Jack understands this playbook. He doesn’t just react to their arguments; he builds your case from day one to preemptively dismantle the very tactics – like franchise blame-shifting and “open and obvious hazard” defenses – that he knows their legal teams will use.

The Recorded Statement Trap

Soon after your fall, an insurance adjuster will call requesting a recorded statement about your accident. Their questions seem reasonable and they sound sympathetic, but make no mistake – do not give a recorded statement without speaking to an attorney first. Their questions are designed to minimize your claim:

• “How are you feeling today?” hoping you’ll say “fine” or “better” rather than describing ongoing pain
• “What were you doing right before you fell?” looking for evidence that you were distracted or not paying attention
• “Did you see the hazard before you fell?” trying to establish the “open and obvious” defense
• “Have you eaten at this McDonald’s before?” seeking to establish you were familiar with the layout and should have known about potential hazards

Franchise Structure Exploitation

Blame-shifting between parties: The franchisee’s insurance will claim McDonald’s Corporate set inadequate protocols. Corporate’s insurance will claim the franchisee failed to follow proper procedures. They use the complexity of the franchise relationship to confuse the issue and reduce payouts. Quick settlement offers from limited coverage: The franchisee may offer a fast, low settlement from their limited insurance policy before you understand the full extent of your injuries or realize that Corporate may also be liable with much larger policy limits. “Independent contractor” arguments: McDonald’s Corporate will emphasize that franchisees are independent operators, not Corporate employees, trying to distance themselves from liability. This argument fails when Corporate controls operational standards, lease agreements, or property conditions that contributed to your accident.

The Best Response

“I am focusing on my medical treatment and recovery. My attorney will be in contact with you to handle all aspects of my claim.” This simple statement protects your rights while ensuring experienced legal counsel handles all communication with their insurance companies and legal teams.

Understanding Your Fast Food Restaurant Injuries and Compensation

Fast food restaurant slip and falls often result in more severe injuries than people expect. The combination of hard tile or concrete floors, grease that provides no traction for recovery, and unexpected falls where you can’t catch yourself creates conditions for serious harm.

Why Fast Food Restaurant Injuries Are Serious

Hard flooring surfaces: Fast food restaurants have tile, concrete, or sealed floors designed for easy cleaning and sanitation. These surfaces provide no cushioning when you fall. A fall that might cause bruising on carpet can result in fractures, head trauma, or spinal injuries on restaurant floors. Grease-related falls are especially violent: When you slip on grease, your feet often go completely out from under you because grease eliminates all traction. This leads to falls where you land hard on your back, head, or tailbone with full body weight and no ability to break your fall. Sudden unexpected falls: When you slip on a clear liquid or trip on a hidden obstacle, you have no time to prepare or catch yourself. Your body hits the ground with full force, often causing head injuries, broken bones, and soft tissue damage. Impact on daily activities: A broken wrist means you can’t work, drive, or perform basic tasks. Back injuries prevent lifting or bending. A concussion affects your ability to concentrate at work. Fractures in older adults can lead to complications and permanent limitations. These injuries disrupt routine activities you never thought twice about before the accident.

Drive-Thru and Parking Lot Coverage

Your rights extend beyond the dining room. McDonald’s duty to maintain safe conditions covers their entire premises, including:

• Drive-thru lanes: Spills from drive-thru windows, poor lighting, potholes, or uneven pavement
• Parking lots: Inadequate lighting, cracked pavement, drainage problems causing water accumulation, lack of proper snow/ice removal
• Outdoor seating areas: Weather-related hazards, broken furniture, poor maintenance
• Walkways and entrances: Trip hazards, inadequate weather protection, broken doors

If you were injured in any area of McDonald’s property while you were a customer, you have the same premises liability rights as someone injured inside the restaurant.

Types of Compensation Available

Under Nevada law, you can seek both economic and non-economic damages when McDonald’s negligence causes your injury. Economic damages cover your calculable losses: All medical expenses including emergency care, surgery, hospitalization, physical therapy, prescription medications, medical equipment, and future medical treatment for ongoing complications. Lost wages from time off work for medical appointments and recovery. If your injuries prevent you from returning to your previous job or reduce your earning capacity, you can seek compensation for lost future income. Transportation costs for medical appointments. Non-economic damages compensate for the human impact: Physical pain and suffering from your injuries and ongoing discomfort. Emotional distress, anxiety, and depression resulting from the accident and its aftermath. Loss of enjoyment of life activities you can no longer participate in or don’t enjoy anymore due to pain or limitations. Permanent disability or disfigurement from scarring, limping, or other lasting physical changes. Impact on family relationships when you can no longer participate in activities with your spouse and children.

Why You Shouldn’t Accept Quick Settlements

Insurance companies will often make fast, low offers hoping you’ll accept before understanding your injuries’ full impact. These initial offers typically cover only your emergency room visit – not ongoing treatment, rehabilitation, complications, or long-term effects. Warning signs of inadequate offers: Settlement offer comes within days or weeks of your accident before you’ve completed treatment. Offer doesn’t account for future medical needs or permanent limitations. No compensation included for pain and suffering beyond medical bills. Offer comes from the franchisee’s insurance without investigating Corporate’s liability. Pressure tactics like “this offer expires in 48 hours” or “take it or leave it” language. Never settle until you’ve reached “maximum medical improvement” – the point where your doctors agree your condition has stabilized and they can assess any permanent limitations. Only then can you accurately calculate the full value of your claim.

Why Choose Jack Bernstein for Your McDonald’s Case

Fast food restaurant injury cases require specific knowledge of food establishment regulations, franchise liability structures, and the aggressive tactics used by major franchise operations and their insurance companies.

40 Years of Experience

Jack has been a personal injury attorney for over four decades. His extensive practice in Las Vegas has given him unique insight into how major franchise operations work in Nevada’s legal environment. He understands local court procedures, what evidence persuades Nevada juries, and the settlement ranges for different types of restaurant injuries.

What Jack’s Experience Teaches About McDonald’s Cases

Franchise liability navigation: Jack knows how to investigate franchise agreements, lease terms, and operational control to identify all potentially liable parties. He understands when the franchisee is solely responsible, when Corporate shares liability, and how to pursue both when appropriate. This ensures you’re not limited to a franchisee’s minimal insurance when Corporate’s policies offer substantially more coverage. Food establishment regulations strengthen cases: Drawing on decades of experience, Jack understands how to use Nevada’s food establishment regulations to demonstrate that McDonald’s violated specific safety requirements beyond general negligence. When they fail to maintain equipment or follow sanitation protocols that lead to floor hazards, you have multiple legal theories to pursue. Grease hazard documentation: Jack knows how to prove grease came from McDonald’s cooking operations rather than being tracked in from outside. This includes obtaining maintenance records, employee schedules showing who worked kitchen stations, and inspection reports showing equipment conditions.

You Work Directly With Jack

At many large firms, your case gets assigned to junior associates or paralegals who lack the experience to handle sophisticated franchise defendants and corporate legal teams. Here, you get Jack Bernstein’s personal attention throughout your case. He will be the one investigating your accident, negotiating with insurance companies, and representing you in court if necessary.

We Handle Everything

While you focus on healing and getting your life back on track, we handle all the legal complexities: Evidence collection and preservation, including immediate requests to preserve security footage before it gets overwritten. All communication with franchisee management, corporate legal departments, and multiple insurance companies. Medical record gathering and coordination with your treatment providers. Expert witness retention when necessary to prove liability or demonstrate the full extent of your injuries. Investigation of franchise relationships and operational control. Legal deadlines and court filings to protect your rights. Aggressive negotiation for maximum compensation based on the true value of your case, pursuing all liable parties.

No Fee Unless We Win

We work on a contingency fee basis. You pay no attorney’s fees unless we successfully resolve your case through settlement or trial verdict. This ensures our interests are completely aligned with yours – we only get paid when you get paid. There’s no financial risk to you in pursuing the compensation you deserve.

Frequently Asked Questions

Q: How long do I have to file a McDonald’s slip and fall lawsuit in Nevada? A: Under Nevada law (NRS 11.190), you have two years from the date of your accident to file a personal injury lawsuit. However, critical evidence disappears much sooner. Security footage typically gets overwritten within 30-90 days, witnesses forget details, and employees transfer to other locations. Taking immediate action helps preserve the strongest possible case. Q: What is my McDonald’s restaurant injury case worth? A: Case value depends entirely on your injury severity, total medical expenses, lost wages, permanent limitations, and how clearly negligence caused your accident. Fast food cases can have significant value due to serious injuries from hard floors and grease-related falls. We can provide a realistic assessment during your free consultation after reviewing the facts of your case. Q: Do I sue the franchisee or McDonald’s Corporation? A: This depends on the facts of your case. In many situations, both may be liable. The franchisee typically controls daily operations and employs the staff. McDonald’s Corporation may be liable as the property owner/landlord, or if they set inadequate operational standards. Jack investigates to identify all responsible parties and their insurance coverage, ensuring you pursue maximum compensation from all available sources. Q: Can I sue McDonald’s for accidents in their parking lot or drive-thru? A: Yes. McDonald’s duty to maintain safe conditions extends to their entire property, including parking areas, drive-thru lanes, and walkways. Poor lighting, potholes, broken pavement, inadequate drainage, spills from drive-thru windows, and failure to address weather-related hazards can all create liability for injuries occurring anywhere on their premises. Q: What if the McDonald’s where I fell was a franchise location? A: Most McDonald’s are franchise locations. This doesn’t prevent you from pursuing a claim – it just means we need to identify the correct parties to sue. We’ll investigate who owns the franchise, who owns the property, what insurance policies exist, and how operational control was divided between the franchisee and Corporate. This is exactly why you need experienced legal counsel rather than trying to navigate franchise liability on your own.

Take the First Step Today—It’s Free

Fast food restaurant accidents are serious, and the path forward can seem overwhelming when you’re dealing with injuries, mounting medical bills, and a complex franchise structure designed to minimize their responsibility. Don’t let their legal teams dictate your future. Contact Jack Bernstein Injury Lawyers today for a free, no-obligation consultation. Unlike at other firms, you will speak directly with Jack, who will listen to your story and provide honest answers about your legal options. We’ll explain your rights under Nevada law, evaluate your case’s strength based on four decades of experience, identify all potentially liable parties, and outline the best path forward for maximum compensation. McDonald’s may operate as a franchise, but your rights as an injured customer are clear under Nevada premises liability law. When their negligence causes your injury – whether from grease-covered floors, delayed spill cleanup, or inadequate maintenance – you shouldn’t have to bear the financial burden alone. Call us 24/7 at (702) 633-3333 or fill out our simple online form. Jack’s got your back!