I want to claim compensation for slipping on a wet floor in McDonalds. How do I go about making a McDonalds compensation claim for the accident? Do I just have to submit a form to the Injuries Board?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
In order to claim compensation for slipping on a wet floor in McDonalds you must have suffered an injury which was treated at a hospital or by a doctor. No claim for compensation for slipping on a wet floor in McDonalds will be possible if your medical records to not contain details your injuries. The doctor who treated your injuries must also complete a medical assessment form to accompany your Assessment Form A to the Injuries Board. No claim for a slip in McDonalds will be accepted by the Injuries Board without this medical assessment form.
A claim for slipping on a wet floor in McDonalds will also only be possible if you can establish and prove that the presence of liquid on the floor in McDonalds represented negligence of the manager or restaurant staff. In practice, this usually means that the hazard must have existed for an unreasonable length of time. If a hazard was not cleaned or customers were not alerted to the danger of a wet floor, then you should be eligible to claim compensation for slipping on a wet floor in McDonalds. However, we strongly recommend speaking with a personal injury solicitor to confirm your eligibility to make a claim for slipping on a wet floor slip in McDonalds before submitting an application for assessment to the Injuries Board.
In order to initiate a claim for slipping on a wet floor in McDonalds you will need to complete the Injuries Board Claim form A and also arrange for the doctor who examined you to complete the medical assessment form. You should also gather evidence of negligence, such as requesting the cleaning records from McDonalds and obtaining witness statements testifying that the hazard had been present for an unacceptable time frame or that the hazard was noticed by the staff and no action was taken.
If you have not filed a report in the accident book, you should certainly return to the restaurant as soon as possible to do this. It is important that accidents in restaurants are accurately recorded to help improve health and safety and to prevent future accidents from occurring. This report also serves as evidence that the accident occurred inside McDonalds.
When the Injuries Board receives the application for assessment for compensation for slipping on a wet floor in McDonalds, McDonalds will asked to consent to an assessment being made, but will be given 90 days to respond to your claim for slipping on a wet floor in McDonalds and complete their own investigation. If consent is denied, the Injuries Board will give you authorisation to take the case to the Irish courts. If consent is granted, the Injuries Board will assess your claim for a slip in McDonalds and determine the level of compensation which is applicable.
Although these procedures can be completed personally, and an application for assessment submitted to the Injuries Board without the assistance of a solicitor, most accident victims choose to use a personal injury solicitor to pursue compensation for a slip on a wet restaurant floor on their behalf. There a numerous benefits to using a solicitor, and the costs of doing so can often be recovered as ‘special damages’.
It will certainly be in your best interests to speak with a personal injury solicitor about your case before submitting a application for assessment for compensation for slipping on a wet floor in McDonalds to the Injuries Board.