When you place your order at a drive-thru, suffering an injury is probably the last thing on your mind. If it does happen, you might wonder whether you have grounds to seek legal compensation. In most cases involving negligence, the answer is yes. This post explains what the requirements are to have a valid case.
How is premises liability defined?
Premises liability is the legal concept that holds property owners responsible when unsafe conditions injure someone. When you visit a fast-food restaurant, the law considers you an “invitee,” meaning the business invited you onto the premises for a commercial purpose.
Because of your status as an invitee, the owner owes you the highest duty of care recognized under Pennsylvania law. The establishment must regularly inspect its property, fix known hazards and warn you about hidden dangers you might not otherwise discover.
What are common causes of accidents in a drive-thru?
Drive-thru injuries can happen because of:
- Uneven pavement or potholes that can damage your vehicle
- Slippery or icy conditions near the payment or pickup windows
- Falling debris from poorly maintained structures or signage
- Poor lighting that makes hazards difficult to see
The injuries from these accidents can be significant. You might experience broken bones from a fall on slippery pavement or neck and back injuries from hitting a pothole. Head injuries, sprains, bruises and cuts are also common outcomes.
How do you establish negligence?
Building a successful premises liability case in Pennsylvania requires establishing four important elements:
- The restaurant owed you a duty of care
- The restaurant breached that duty
- The breach directly caused your injuries
- You suffered actual damages
You will also need to demonstrate that the restaurant knew about the hazardous condition. This can be shown through evidence that the problem existed long enough that staff should have discovered and fixed it during routine inspections.
How much time do you have to file a claim?
Be mindful of Pennsylvania’s statute of limitations for filing personal injury claims. You generally have two years from the date of your injury to file a lawsuit, and missing this deadline can prevent you from recovering any damages.
