Slip and fall accidents can happen anywhere: at home, at work, at the grocery store, and even while visiting IHOP for a hearty pancake breakfast. Slip and fall accidents at restaurants are serious, and they may result from employee negligence. If you were hurt in an IHOP, it’s vital that you speak with an IHOP slip and fall accident and injury lawyer as soon as you can.
If your slip and fall accident was not your fault, you are likely entitled to compensation for your damages. Slip and fall victims often blame themselves, but at John Foy & Associates, we find that the restaurant is often more responsible than people realize.
Let’s examine the details of your slip and fall case and discuss how we can help. Schedule a FREE consultation with one of our experienced and compassionate lawyers today by calling (404) 400-4000 or contacting us online.
What to Know About IHOP Locations in Georgia
IHOP, which stands for International House of Pancakes, is a restaurant chain that specializes in pancake dishes and other breakfast foods like waffles, omelets, crepes, and french toast. Their menu also includes lunch and dinner options like burgers, sandwiches, salads, steak, fish and chips, and more.
IHOP was founded in 1958 in Los Angeles, California, and it has since grown to locations throughout America and the Middle East. Most of IHOP’s restaurants are owned by independent franchisees, and many are open 24 hours a day, seven days a week.
There are several IHOP locations throughout Georgia with restaurants in these cities:
- Stone Mountain
- Sandy Springs
There are a number of potential hazards that can exist in IHOP locations. In Georgia, any restaurant like IHOP has a legal duty to maintain safe premises. If you were hurt from slipping and falling in one of these restaurants, it could be due to negligence.
A slip and fall accident lawyer can help you determine who was negligent in your accident. If you were not fully at fault, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages.
How Settlements for IHOP Slip and Fall Cases in Georgia Are Determined
There are three main questions to ask in any slip and fall case when it comes to pursuing a settlement:
- Was there a duty of care present?
- What party was liable for the accident and resulting damages?
- Did the injured party contribute to any part of the accident?
Before filing your claim, you’ll want to examine each of these questions. A slip and fall lawyer can help you do this, as well. Let’s dive into each consideration a little further.
1. Duty of Care in a Slip and Fall in Georgia
For a slip and fall case to exist, there must have been a duty of care. In Georgia, property owners and businesses have a duty of care to maintain safe premises for those who legally come onto their property. So, if you visited an IHOP location, the store and its employees owed you a duty to exercise ordinary care in keeping the location safe.
2. Fault and Liability for the Accident
Next, the business must have been negligent in your slip and fall accident. Under Georgia Code § 51-1-2, negligence is defined as the absence of “ordinary diligence,” which is the amount of care an ordinarily prudent person would exercise in the same or similar situation.
When it comes to slip and fall cases, restaurant employees can be negligent if they:
- Cause a dangerous or hazardous condition
- See a dangerous condition but fail to fix it or clean it up within a reasonable amount of time
- Do not recognize a dangerous condition within a reasonable amount of time
- Fail to warn customers about a dangerous condition or block off the dangerous condition to prevent harm
For example, if an employee is mopping the floor at IHOP and fails to put out a “wet floor” sign that customers can easily see, they have been negligent. If this results in a slip and fall accident, the restaurant can be held liable for the damages.
There must also be proof of damages for a store to be held liable for a slip and fall accident. You will need to demonstrate the costs you experience from your accident, such as medical costs, lost wages, and more.
3. The Injured Party’s Duty of Care
There is a degree of ordinary care the victim of a slip and fall must exercise, as well. According to Georgia Code § 51-11-7, the injured party might not be entitled to recover damages if “he could have avoided the consequences to himself caused by the defendant’s negligence.” However, the statute also states that, in other cases, the at-fault party is not free from liability even if the injured party contributed to some of their injuries.
Restaurants or their insurance companies will often use this law to try and reduce their liability for an accident. If they can blame you for some or all of the accident, they might be able to deny or avoid responsibility.
You and your lawyer will need to gather strong evidence of the store’s negligence. You’ll also need to show that the accident would have happened even if you were being careful. Thankfully, even if you do have some fault in the accident, you may still be eligible for compensation if you were less than 50% at fault. Your lawyer can help you understand your options based on Georgia’s laws.
Talk to an IHOP Slip and Fall Accident and Injury Lawyer in Georgia for Free Today
Don’t let a slip and fall accident at IHOP derail your life and leave you with expenses you didn’t cause. Talk to an experienced IHOP slip and fall lawyer today. John Foy & Associates has 20 plus years of experience helping slip and fall victims get the compensation they deserve.
To schedule a FREE consultation with the best lawyer for your case today, call us at (404) 400-4000 or contact us online.