Legal Question in Personal Injury in Illinois

I drove to Mcdonald parking lot. Got my coffee and the parking lot was flooded. I drove to exit and my car now has issues. Can I give a law suits against McDonald's

Asked on 7/26/12, 7:02 am

1 Answer from Attorneys

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There are at least a few fact issues you would have to deal with and without enough evidence you would have a tough time in a lawsuit, but you could attempt to submit an insurance claim to them and see how they react, or if they refuse through your own comprehensive insurance and let your insurer battle it out with McDonald's:

1. whether the parking lot was badly constructed so that you would not know that some water could get into your car;

2. whether you drove too quickly for conditions and therefore if you were more than 50% responsible for your own damage you collect nothing;

3. how long before you drove out was the flooding (ie was it still raining?) because if McDonald's had no "notice" of the situation they could be found not liable;

4. Who is the defendant: landowner, landlord, tenant, franchisee, McDonald's corporate????.

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Answered on 7/26/12, 8:41 am

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