Most of us love the cool, refreshing taste of a smoothie all year long, especially in warm weather states like California. Smoothie King is one of the most popular providers of fruit smoothies, though they also sell cold coffee and energy drinks. Aside from brick and mortar stores, Smoothie Kings can also be found at shopping mall food courts all across the United States.
Stopping by for your favorite smoothie should be a quick and easy experience, but dangerous conditions at the store can lead to a variety of serious injuries. As for the cause of these injuries, here are the most common accidents that can occur at a Smoothie King location:
- Slip and fall / trip and fall
- Bathroom injuries and accidents
- Falling objects
- Parking lot accidents
- Assault and battery / sexual assault
While some accidents are simply a case of bad luck, most injuries at a store are preventable with basic measures, like inspections and maintenance of the property. This allows the owner and staff to spot hazards like water leaks, spilled drinks, missing or broken floorboards, and malfunctioning security cameras. If the Smoothie King you were at failed to exercise reasonable care, which could have prevented your accident, you may have grounds for a lawsuit against the company.
We know that this is a stressful and confusing time in your life, but our lawyers are here for you every step of the way. Please contact us to schedule a free case review.
Smoothie King’s Liability for your Accident
As someone who has been injured on the premises of a Smoothie King, you are probably wondering, “Can I sue Smoothie King for my accident?” To proceed with a lawsuit against the company, there are four elements you will need to prove:
- You were on the premises as an invitee (invited for a business purpose) or a licensee (on the property for a social purpose), meaning that Smoothie King owed you a duty of care
- Smoothie King, or someone acting on their behalf, breached that duty of care by causing or failing to take care of a hazardous situation.
- Due to that breach of care (negligence), you suffered injuries from an accident while you were on the property.
- Your injuries merit compensation in the form of economic and non-economic damages, such as lost income, medical expenses, pain and suffering, emotional distress, and property damage.
Establishments like smoothie shops pose a high risk of injury due to the products they work with (fruits juices, syrups, ice, etc.). That means franchise owners and their employees must regularly inspect, clean, and maintain the premises, which include both indoor and outdoor areas. These simple actions will prevent most accidents that can take place at a store, like slip and falls, falling objects, and sexual assault from lack of security measures. Essentially, we would need to prove that there were reasonable measures that Smoothie King could have taken to keep you safe.
At the end of the day, liability for a person’s injuries requires extensive evidence and knowledge of the state’s premises liability laws. To learn more about your legal options as an accident injury victim, contact us for a free case evaluation.
Injuries you can Sustain at a Smoothie King Location
California’s premises liability law requires business owners to ensure the safety of their property by removing or repairing dangerous conditions that are likely to cause an accident. This includes installing security measures, like surveillance cameras, bright lights, and doors with heavy-duty locks, which can help prevent incidents like sexual assault. When such measures are not in place, people can suffer from:
- Hip fracture
- Traumatic brain injury
- Disfigurement / Scarring
- Fractures in the ankles, feet, wrist, and hands
- Neck and back injuries – whiplash, spinal cord damage
- Peripheral neuropathy, aka nerve damage
- Fractured collarbone / shoulder
- Broken tailbone (coccyx fracture)
- Infections from cuts or puncture marks
- Knee injuries – ACL or MCL tear, dislocated or fractured kneecap
- Damage to the internal organs
- Complex regional pain syndrome (chronic pain)
- Mental health issues, such as PTSD, depression, sleep disorders, and disinhibited social engagement disorder (DSED).
Please report your accident to the store manager or someone else in charge so that they can fill out an accident report. Then, seek medical attention right away to document your injuries and give yourself the best possible chance of recovery. Finally, contact our office to speak with a restaurant accident attorney, who will guide you through the legal process. All these steps are necessary to ensure that you receive the highest possible settlement from Smoothie King.
How much time do I have to File my Lawsuit?
For most accident injury claims, the statute of limitations to sue the liable party is two years from the date you were injured. However, the statute of limitations may be longer depending on your personal circumstances. For example, some people are severely injured to the point where they are unable to take legal action within the 2-year time period. The court may grant these victims an extension to reflect the amount of time that they were incapacitated. However, you should never take it for granted that you will be awarded more time to file a lawsuit. Most people will not qualify for an extension beyond the normal statute of limitations, so please call us immediately to initiate a Smoothie King injury claim.
Average Settlement Value of a Lawsuit against Smoothie King
Considering that there are so many factors that will affect what your lawsuit is worth, it’s impossible to state an average value for a Smoothie King accident case. If we had to give a range of settlement values, we would say these cases are worth anywhere from $15,000 to over $2 million based on the type of accident and the severity of your injuries. The level of negligence by Smoothie King is another critical factor, as you may be awarded punitive damages if the conduct by the business owner or their employees was especially outrageous. However, these are just speculations, as we would need to know the specific details of your case before we can approximate the value of your lawsuit.
How long do these Cases take to Settle?
With any case we take on at our law firm, our goal is to recover a client’s payment within 6 to 8 months. Cases that are relatively straightforward may be settled in just a few weeks. However, the majority of victims that come to us have serious injuries with long-term or lifelong complications. Achieving a fair settlement in these cases can take 12 to 18 months. If it turns out that the insurance company will not agree to an adequate amount of damages, we can proceed with a lawsuit for the full value of your losses. This process usually takes 2 or more years, depending on whether a trial is necessary.
Help – I need a Second Opinion on my Accident Case!
Many of the victims we assist have pending injury claims with another law firm. Unfortunately, they’re not getting the time and attention they deserve from their lawyer. Maybe you’re upset about the lack of progress in your lawsuit or feel uncertain about your lawyer’s recommendations. A second opinion from an experienced accident attorney is the best way to handle this situation, which we can offer you here at Normandie Law Firm. Best of all, the consultation is free of charge, so you can ask us anything that’s on your mind without spending a penny. Just give us a call if you’re in need of a second opinion on your Smoothie King accident claim.
Speak to a Smoothie King Accident Injury Attorney
The lawyers of Normandie are standing by to advise you if you were injured at a Smoothie King due to an act of negligence. Our lawyers have decades of experience with restaurant accident claims, and we are more than ready for the challenge of recovering your settlement.
At this point, you’re worried about the impact your accident will have on your finances. Maybe that’s why you’re hesitant to call us, but we can promise your finances are never at risk when you retain our services. The only way we get paid is by winning your case, when you receive the compensation you deserve. If we fail to recover your damages, you owe us nothing, no matter how much work we put into your case. That’s the principle behind our Zero fee guarantee, which all our clients receive from the moment they walk through our doors.
To explore your rights and legal options, call us today to speak with a Smoothie King accident injury lawyer.
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