Wahoo’s Fish Taco is known for their unique cuisine, which combines elements of Mexican, Brazilian, and Asian cooking. The company was founded in Costa Mesa, California by three Chinese-Brazilian brothers, who made a name for themselves with their signature Baja-style fish tacos. The restaurants targeted the surfing community, and these elements are still evident in many of their locations. It’s common to walk into a Wahoo’s and see the walls and ceilings decorated with boards, stickers, and equipment related to the sport of surfing.
Unfortunately, cramped and cluttered interiors are another element that you’ll come across in many of these restaurants. Wahoo’s lies somewhere between fast food and casual dining, and most customers prefer ordering and eating at the counter. As a result, there may be tight spaces between the counter and table areas, where all sorts of hazards may be lurking. These include dangerous conditions that can lead to a slip and fall accident. Related to these accidents are trip and falls, which are different from slip and falls in that you are tripping over something, rather than slipping. Nevertheless, both accidents cause the same type of blunt force trauma to your body.
You can sustain very serious injuries from one of these accidents, and the recovery process is costly and painful. That’s why it’s essential to seek legal advice if you’ve suffered a slip and fall at Wahoo’s Fish Taco. If the restaurant is liable for your accident, you have the right to demand monetary compensation through a premises liability lawsuit. Our lawyers can advise you of your legal rights and help you take action on an injury claim. Call us today to schedule a free case evaluation.
What can cause you to Fall at a Restaurant?
Restaurants are full of hazards that can lead to a slip and fall accident. We also have to think about trip and fall accidents, which are almost as common as slip and falls. Most of these accidents are completely preventable through basic measures, like cleaning and maintenance. Otherwise, a guest or visitor can end up falling down from one of the following:
- Spilled beverages
- Water droplets and puddles from drink cups
- Grease and bits of food on the floor
- No warning signs (for example, Wet Floor)
- Cramped spaces between tables
- Insufficient lighting
- Hazards in bathrooms (leaking toilets and sinks, soapy floors)
- Stray cords and wires
- Parking lot conditions (ice, snow, missing pavement, debris)
- Missing tiles or floorboards
- Worn carpeting (lack of traction)
- No anti-slip mats (or defective mats)
- Defective handrails
- Store displays with edges that stick out
- Failure to put away step stools / step ladders
- Floors that stick from improper cleaning methods
A restaurant may try to make excuses for these hazards by saying that they were extremely busy at the time, which is certainly possible at popular eateries like Wahoo’s Fish Taco. However, property owners are required by law to ensure the safety of their premises. If someone was harmed on their property from a condition that could have been resolved through reasonable measures, the owner is responsible for the victim’s harm and suffering.
Our Recent Verdicts and Settlements
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Slip and Fall Injuries
Slipping on something may look funny in movies, but these accidents are responsible for over 8 million emergency room visits every year. The truth is, fall-related accidents, including trip and falls, result in serious injuries that can cause permanent disability and death. The elderly are the most vulnerable in slip and fall injury cases, but anyone that falls unexpectedly can suffer from:
- Broken bones
- Head injury (skull fracture, concussion, traumatic brain injury)
- Spinal cord damage
- Whiplash
- Hip fracture / pelvic fracture
- Damage to the facial bones (nose, jaw, eye sockets, etc.)
- Knee injury
- Deep cuts and abrasions
- Infections from puncture wounds
- Nerve damage / paralysis
- Chronic pain (CRPS)
- Death
If you’ve fallen down at a Wahoo’s Fish Taco, please don’t wait to seek medical treatment. Though you are probably eager to go home and forget about the whole incident, this can be very dangerous to your health. It’s proven that injuries like hip fractures and nerve damage only get worse over time, but in most cases, immediate medical treatment can prevent the worst complications. Not going to a doctor right away can also hurt your case, as you will need evidence of your injuries in order to seek compensation. As for the claims process, that can be intimidating for most people, but our lawyers are here to guide you every step of the way. Just give us a call to speak with a Wahoo’s Fish Taco slip and fall attorney.
Can I Sue Wahoo’s Fish Tacos for a Slip and Fall or Trip and Fall Accident?
If you slipped (or tripped) on something at Wahoo’s Fish Taco, you may have grounds for an accident injury claim against the restaurant. Your right to sue is based on the restaurant’s responsibility to ensure your safety as a legitimate guest or visitor. In addition, you will need to show that the restaurants breached their duty of care through an act of negligence. Generally, this means that the restaurant failed to take care of a dangerous condition that they caused, knew about, or should have known about. Finally, you must establish that your accident was caused by the restaurant’s negligence. As a result, you are owed compensation for your financial and emotional losses.
However, negligence can be very challenging to prove on your own. As a major restaurant chain, Wahoo’s has their own team of lawyers and insurance adjusters, who will fight you on every aspect of your claim. Without an experienced lawyer by your side, denied payments or severely reduced settlements are the likely result of a slip and fall injury claim against Wahoo’s Fish Taco.
In the next section, we will talk about the damages you can request in a slip and fall or trip and fall lawsuit. To learn more about your rights as a fall accident injury victim, call Normandie Law Firm to schedule a free case review.
Compensation from a Slip and Fall or Trip and Fall Injury Claim
Most people are unaware of the damages they can recover from a successful lawsuit. You are, of course, eligible for reimbursement of your medical costs. But here is a list of the other damages that may be applicable in your case:
- Lost wages / lost earning potential
- Pain and suffering
- Mental anguish
- Property damage
- Legal fees
- Punitive damages
These, by the way, are damages for a personal injury claim, meaning you are the victim of a slip and fall accident. But there is another type of legal action that can be taken by loved ones of a deceased accident victim. This is known as a wrongful death lawsuit, which can help surviving family members with the following losses:
- Burial / funeral expenses
- Medical bills associated with the accident
- Pain and suffering
- Lost income the decedent would have earned
- Lost benefits like healthcare and retirement savings
- Loss of consortium
- Cost of legal representation
Along with questions about the losses you can recover, you may be wondering, “What is the average value of a slip and fall settlement?” Many people try to guess the value of their own case by asking about injury settlements in general. But this is not the best strategy, as there are wide variations in fall accident case values. For example, minor injury cases may be valued at around $25,000 to $60,000. Moderate injury claims can bring in anywhere from $75,000 to $350,000. The highest values are reserved for wrongful death claims or accidents with severe and/or lifelong injuries. In these situations, a compensation award may be in the range of $500,000 to over $2.5 million.
To learn about the approximate value of your injury claim, please give us a call at your earliest convenience.
How long is the Settlement Process for these Cases?
While we can’t guarantee a set amount of time to recover your damages, it’s our goal to settle an injury case within 6 to 8 months. For some clients, the process may be as short as 30 days, but most of these claims involve minor, superficial injuries. As a general rule, the more serious the injury, the longer it will take to settle a case. That’s why we advise clients that 12 to 18 months may be needed to secure a fair amount of compensation. If your case cannot be settled through private negotiations, a lawsuit is the next step. Though most lawsuits are settled out of court, getting to that point can take two year or longer.
Statute of Limitations for a Slip and Fall Accident Claim
No matter what type of injury you have, it’s essential to initiate the claims process as soon as possible. The state of California imposes a two-year statute of limitations on all slip and fall / trip and fall lawsuits, meaning you must take legal action within two years of your accident date. Sometimes, an injury may not show up right away, which means your two-year window starts from the date of discovering your injury. If you are seeking wrongful death benefits, your deadline to sue is two years from your loved one’s date of death. Remember – if you miss the deadline to file your lawsuit against Wahoo’s Fish Taco, the courts are unlikely to grant you an extension. As a result, you may permanently lose the right to sue, even if you have a solid case against the restaurant.
The Fall Accident Injury Lawyers of Normandie
Are you in need of strong and aggressive representation in a slip and fall or trip and fall injury claim against Wahoo’s Fish Taco? Look no further than the legal experts of Normandie Law Firm. With decades of experience in the recovery of accident settlements, our lawyers are ready to fight for you and the compensation you deserve. If you’re worried about the cost of hiring us, let us tell you about the Zero fee guarantee. You pay us absolutely nothing for the entire duration of your case. Our bills are paid by the at-fault party, and that only happens if we win your case. In short, there is no risk to you by contacting us and learning about the ways we can help you.
By the way, we offer free second opinions if you have an active slip and fall lawsuit that you have concerns about. Maybe you’re not happy with your lawyer or how little progress is being made on your case. We can confirm whether your case is on the right track, and if it’s not, what you can do to ensure a favorable outcome. That can mean switching your lawyer and continuing your claim with us, but this is something that only you can decide. No matter what, you are covered under the Zero fee guarantee, so it will cost you nothing to speak with us.
For immediate assistance from a California slip and fall attorney, please reach out to us at our office.
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