Legal Question in Personal Injury in Georgia

Can take legal action against a fast food chain if injured on their property

Last Wednesday, I went to a major franchise for food. After realizing they were closed after walking in, I stepped back out onto the walkway and hit my toe on the bricks adorning the path. After returning to my car, I realized my toe had a cut and throbbing pain. The next day, I couldn't put on my shoe to go to work. Friday, I went to the doctor, x-rays showed my toe was fractured. Today I attempted to return to work, which is a 12-hour shift on my feet, I couldn't complete a full work day. I realize that I will miss quite a few days of work, which is a problem since I'm new on my job, less than a year, and don't qualify for FMLA. Do I have any legal recourse of action against this franchise?


Asked on 4/05/04, 8:31 pm

2 Answers from Attorneys

Jim Hough Thomas J. Hough, Jr., P.C.

Re: Can take legal action against a fast food chain if injured on their property

There are a number of issues based on the fact scenario which you have described. There is a doctrine sometimes referred to as "prior passage" which suggests a person who has previously traversed a path and upon returning on that same path may not be heard to complain of a situation about conditions or circumstances about which he had knowledge equal to that of the proprietor. It is therefore very important that you consult with counsel prior to giving any statement to the company regarding how the injury occured and what you had done both before and after sustaining the injury.

In answer to your original question, you may bring a claim against the franchise, provided the facts and circumstances support your right to bring the claim.

I will be happy to review the facts with you on a no obligation basis, to determine if you have a proper claim under the circumstances.

Jim Hough

770-607-5300

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Answered on 4/05/04, 10:27 pm
Kenneth L. Shigley Chambers, Aholt & Rickard, LLP

Re: Can take legal action against a fast food chain if injured on their property

This sounds like the sort of claim that gives the tort system a bad name. The incident and injury are both incredibly trivial by comparison to serious cases involving seriously negligent conduct and catastrophic injury. Even if you got past a motion for summary judgment -- which I doubt -- it is extremely unlikely that a jury would give you any money.

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Answered on 4/05/04, 10:33 pm


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