Jack’s Got Your Back
Las Vegas McDonald’s Slip & Fall Accident Lawyers
If you’ve been injured due to a dangerous condition at a Las Vegas McDonald’s or similar fast food restaurant, you’re dealing with more than just physical pain, you’re facing medical bills, missed work, and the stress of what comes next.
You are not alone, and it’s important to know you have rights. In Nevada, restaurant owners have a legal duty to keep their premises reasonably safe for customers. This duty is called premises liability, and it comes from Nevada court decisions rather than from a single statute: property owners owe visitors reasonable care under the circumstances. Under Nevada law (NRS 41.130), a person or company that causes injury by wrongful act, neglect or default is liable for the damages, so when property owners fail to maintain safe conditions, they can be held responsible for your injuries.
What makes McDonald’s cases unique is the franchise structure. Approximately 85-90% of McDonald’s locations are independently owned and operated by franchisees, not by McDonald’s Corporation. This creates complexity in determining who is legally responsible for your injuries, the franchisee who operates the restaurant, McDonald’s Corporation as the landlord (they own much of the real estate), or both. Fast food restaurants are also permitted and inspected by the Southern Nevada Health District under its food-establishment regulations.
But fighting a major franchise operation and their experienced legal teams is daunting. They know how to shift responsibility between the franchisee and corporate, minimizing what you receive. With 40 years of experience as a personal injury attorney, Jack Bernstein understands how to navigate franchise liability and identify all responsible parties to maximize your compensation.
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Over $500 Million in Verdicts & Settlements
Jack Bernstein stays personally involved in the cases his firm handles. We will investigate your claim and pursue any compensation that may be available under the facts and the law.
*Jack Bernstein has worked on the above cases during his career at this firm or another firm. Past results do not guarantee, warrant, or predict future cases.
See Case ResultsWhy hire Jack Bernstein Injury Lawyers?
Jack G. Bernstein, Esq. has been protecting the rights of injured victims and their families for over 40 years.
Slip and fall accidents happen at fast food restaurants across Las Vegas, not just McDonald’s. If you were injured at another location, Jack Bernstein handles fast food slip and fall cases throughout the valley.
Speak to Jack about your caseI had a fantastic experience with Jack Bernstein injury attorney firm! The team was incredibly smart and supportive, guiding me through every step of my case. Their expertise and dedication made a significant difference in the outcome of my situation. I truly appreciate their assistance and highly recommend their services to anyone in need of a top-notch injury attorney.
$500 million+ recovered
More than 40 years of verdicts and settlements for injured people and their families. Past results do not guarantee your outcome.
Jack is personally involved
You are not a case number. Jack stays involved in your case, and you will always know who is handling it.
We know how insurance companies work
Property owners often claim they never knew about the hazard. We find out what they knew and when they knew it.
Experts who strengthen your case
Safety experts, surveillance footage, incident reports and maintenance records, secured before they disappear.
No fee unless we win
No upfront cost. We advance the expenses of your case, and you pay no attorney fee unless we win.
Free consultation, day or night
Call any time, 24 hours a day. Tell us what happened and you will get an honest answer about your case.
What should I do immediately after a McDonald’s accident?
What you do in the first hour after your fast food restaurant accident can make or break your case. Evidence in a high-traffic restaurant with constant cleaning and customer turnover can disappear in minutes. If you can only do three things right now:
Here are the complete steps when you’re able:
Document everything before it’s gone
Use your phone to take extensive photos and video before anything gets cleaned up or moved. The specific spot where you fell and what caused it, whether it’s grease near the fryers, a beverage spill, or water tracked in from outside. The lack of warning signs or barriers. Your immediate injuries, even if they seem minor. The surrounding area showing poor lighting, torn floor mats, or other contributing factors. If possible, photograph the time on your receipt or order number to establish when the accident occurred. Time stamps matter. Also preserve physical evidence: Place the clothing and shoes you were wearing in a sealed bag, they can show grease residue or other substances that caused your fall. Keep the McDonald’s receipt itself, as it is a contemporaneous record that you were in the restaurant when you fell.
Get witness information
If anyone saw your accident, other customers, McDonald’s employees, or people in line, get their names and phone numbers immediately. Fast food witnesses are challenging to track down later because customers come from all over the Las Vegas valley and may never return to that location. Don’t assume restaurant management will collect accurate witness information for your benefit.
File an incident report
Insist on filing an official report with a manager, not just a crew member. McDonald’s does not appear to maintain publicly available standardized incident procedures, which means proper documentation at the time of injury is critical. Be factual but careful with your words. DO say:
- “I slipped on grease near the counter and there was no warning sign”
- “I fell on a wet floor in the dining area with no caution markers”
- “I am injured and require medical attention”
- “I guess I wasn’t watching where I was going”
- “Maybe I was walking too fast”
- “I’m okay, just a little shaken up”
Get a copy of the incident report or take a photo of it with your phone before leaving. Some restaurants have been known to alter reports after the fact or claim no report was filed. Politely decline any immediate offers of free meals or gift cards in place of filing a formal report. If you’re overwhelmed: Even taking a few photos and getting prompt medical care puts you in a much stronger position than most people in your situation. You don’t have to do everything perfectly.
Seek medical attention immediately
Go to urgent care or the ER within 24 hours, even if you feel “okay.” Fast food restaurant slip and falls on tile or concrete floors often result in injuries that don’t show symptoms immediately. Soft tissue damage, concussions, and internal injuries can take hours or even days to manifest. This creates an official medical record linking your injuries directly to the fall, which becomes crucial evidence if the restaurant tries to claim your injuries came from somewhere else.
Do I have a valid McDonald’s case?
After getting hurt at a fast food restaurant you visit regularly, it’s natural to second-guess yourself. You might wonder “Was this really their fault?” or “Is my case strong enough?” These doubts are completely normal, but don’t let McDonald’s or their insurer make that decision for you. You may have a very strong claim. Even if you’ve eaten at this McDonald’s location many times, that doesn’t make you responsible for hazards their staff failed to address. Under Nevada law, restaurants owe a duty of reasonable care to the customers they invite onto their property.
What proves McDonald’s was negligent
Under Nevada premises liability law, which comes from Nevada court decisions rather than a single statute, to have a valid case we must show: A dangerous condition existed: Greasy floors, beverage spills, food on floors, wet surfaces from mopping, poor lighting, or structural defects created a hazard. McDonald’s knew or should have known: The hazard existed long enough that reasonable inspection and maintenance would have discovered it. Fast food restaurants are required to conduct frequent safety checks throughout the day. They failed to fix it: No cleanup occurred, no repair was made, and no warning signs or barriers were provided to protect customers. This caused your injury: You were hurt as a direct result of their negligence, not from some unrelated cause.
Common McDonald’s hazards that create strong cases
Fast food restaurants present unique dangers that differ from other dining establishments. Grease from cooking operations is the primary hazard distinguishing McDonald’s from other retail environments. Industrial fryers, grills, and cooking equipment produce grease that employees track from kitchen areas to dining areas on their shoes. Unlike water that eventually evaporates, grease creates invisible slick spots on tile floors that are nearly impossible for customers to see before stepping on them. When grease mixes with water from mopping, it becomes exceptionally slippery. Beverage spills at self-service stations happen constantly throughout the day. Soda fountains, coffee dispensers, and condiment areas create spill opportunities. The critical issue is how long the spill existed before someone cleaned it up. Food debris on floors including french fries, lettuce, sauce packets, and ice creates trip hazards and slippery surfaces when crushed underfoot. Wet floors from mopping during business hours are common during and immediately after peak service times. Restaurants often mop dining areas while customers are present, and without proper warning signs and adequate drying time, these areas become dangerous. Weather-related moisture at entrances becomes especially problematic during Las Vegas’s summer monsoon season or winter rain. Water gets tracked inside on customers’ shoes, and without proper floor mats and frequent monitoring, entrance areas become slick. Floor mat and transition hazards include loose mats that bunch up, torn or curled edges that catch feet, and transitions between different flooring surfaces. Poor lighting in certain areas of the restaurant, particularly in corners, restrooms, or storage areas that customers access, can prevent patrons from seeing hazards.
The high-speed service factor
McDonald’s business model depends on serving customers quickly. Peak service times create predictable hazard windows when safety often becomes secondary to speed:
Breakfast rush
Lunch rush
Dinner rush
During these periods, employees are under pressure to move fast, taking orders, preparing food, delivering meals to tables, and cleaning. Spills happen during rush periods but cleaning gets delayed because staff are focused on serving customers. Employees carrying trays and focusing on order accuracy may not notice floor hazards they’re creating or walking past.
Why McDonald’s franchise structure matters to your case
Unlike corporate-owned stores with one clear defendant, McDonald’s franchise structure creates legal complexity. The franchisee operates the restaurant and employs the staff, but McDonald’s Corporation often owns the land and buildings, leasing them to franchisees. McDonald’s Corporate also sets operational standards, cleaning protocols, and safety requirements that franchisees typically agree in the franchise documents to follow. This matters because: Multiple potentially liable parties: The franchisee may be liable for day-to-day operations and employee actions. McDonald’s Corporation may be liable in its role as property owner or landlord, though that is not automatic: a landlord that has handed the premises over to a franchisee is not answerable for every spill in the dining room, and how far the corporation’s responsibility reaches depends on what control it kept and on what the lease and franchise agreement actually say. Corporate may also be reachable where it set the safety protocols or inspection schedules that failed. Understanding who bears responsibility requires investigating the franchise agreement, lease terms, and operational control. Insurance coverage differences: Corporate defendants typically carry more substantial insurance than individual franchisees. Identifying all liable parties ensures you’re pursuing adequate insurance coverage, not just a franchisee’s limited policy. Blame-shifting tactics: McDonald’s Corporate will claim the franchisee controlled daily operations. The franchisee will claim they followed Corporate’s standards and protocols. Without experienced counsel, you can get caught in the middle while both parties deflect responsibility.
PlayPlace considerations
Some McDonald’s locations still have indoor play areas (PlayPlaces), though many closed during COVID-19 and never reopened. If your injury occurred in or near a PlayPlace, additional liability factors apply. These areas have a documented history of safety issues, and parents have different attention expectations when supervising children in designated play spaces. If your child was injured in a PlayPlace, or if you were injured while supervising children there, this adds complexity to your case that requires experienced legal handling.
What if I was partially at fault?
Nevada follows a modified comparative negligence rule under NRS 41.141. You can still recover compensation as long as your negligence was not greater than the negligence of the defendant, or the combined negligence of the defendants you are suing. If you bear some responsibility but your share is not greater than the combined fault of the parties you are suing, your compensation gets reduced by your percentage of fault rather than wiped out. McDonald’s will try to shift blame by arguing you should have seen the hazard, were distracted by your phone, or weren’t paying attention to where you were walking. These are predictable tactics, but they don’t automatically disqualify your claim. Parents supervising young children or people carrying food trays have divided attention, Nevada law recognizes this reality. Example: If your total damages are $100,000 and you’re found 30% at fault, you’d still recover $70,000. But if your negligence is greater than the negligence of the defendant, or the combined negligence of the defendants you are suing, Nevada law bars any recovery.
Food safety rules and what they mean for your case
Fast food restaurants in Las Vegas are permitted and inspected by the Southern Nevada Health District, whose food-establishment regulations cover matters such as inspections, equipment upkeep, sanitation and food-handler training. When McDonald’s fails to maintain their fryers and grills (causing grease buildup and tracking), or doesn’t follow proper sanitation procedures (allowing spills to accumulate), that can put the restaurant out of step with those rules. Be clear about what that does and does not give you. Those regulations are enforced by the health authority, not by a customer, so a code breach is not a separate claim you can bring; your case is still a negligence case and you still have to prove the same elements. What the rules and the inspection history can do is document how the restaurant was supposed to be run and how it was actually run, which is often the most useful evidence available in a fast food fall.
When cases are harder to win
Be honest about these factors that can weaken your claim: You ignored clearly posted “Wet Floor” signs or barriers around a hazard. You were intoxicated or under the influence of drugs. You were in an employees-only area clearly marked as restricted to customers. The hazard was created by another customer seconds before your fall, with no time for staff to discover and address it. You have no documented medical treatment within a reasonable time after the accident. Even with these challenges, you may still have a case depending on the specific circumstances. Jack’s experience helps evaluate which cases can overcome these obstacles and which ones face an uphill battle.
When you need legal help immediately
Call an attorney right away if you suffered serious injuries requiring emergency treatment, the restaurant refuses to file an incident report or provide a copy, you’re being pressured to sign documents or accept quick settlements, or restaurant employees made statements about knowing the hazard existed. Also call immediately if the hazard involves equipment failure or appears to be an ongoing problem rather than a one-time spill. Remember: Under Nevada law (NRS 11.190), you generally have two years to file a lawsuit, though different deadlines and exceptions can apply depending on the claim, and critical evidence disappears much faster. Security footage typically gets overwritten within 30-90 days, employees transfer to other locations or leave the company, and physical hazards get repaired quickly. The sooner you act, the stronger your case.
Not sure whether you have a case?
You do not need to know whether the franchisee or the corporation is responsible before you call. Tell us what happened and we will tell you honestly whether it is a case worth bringing, and what has to be preserved while the footage still exists.
Free consultation · No fee unless we win · Available 24/7
Protecting yourself from insurance company tactics
After your accident, you’ll be contacted by an insurance company representing either the franchisee or McDonald’s Corporation. As a major franchise operation, they have experienced legal teams and sophisticated insurance adjusters who handle slip and fall claims regularly. They know exactly how to minimize your compensation. With more than 40 years of personal injury experience, Jack understands this playbook. He doesn’t just react to their arguments; he builds your case from day one to preemptively dismantle the very tactics, like franchise blame-shifting and “open and obvious hazard” defenses, that he knows their legal teams will use.
The recorded statement trap
Soon after your fall, an insurance adjuster will call requesting a recorded statement about your accident. Their questions seem reasonable and they sound sympathetic, but make no mistake, do not give a recorded statement without speaking to an attorney first. Their questions are designed to minimize your claim:
- “How are you feeling today?” hoping you’ll say “fine” or “better” rather than describing ongoing pain
- “What were you doing right before you fell?” looking for evidence that you were distracted or not paying attention
- “Did you see the hazard before you fell?” trying to establish the “open and obvious” defense
- “Have you eaten at this McDonald’s before?” seeking to establish you were familiar with the layout and should have known about potential hazards
Franchise structure exploitation
The franchisee’s insurance will claim McDonald’s Corporate set inadequate protocols. Corporate’s insurance will claim the franchisee failed to follow proper procedures. They use the complexity of the franchise relationship to confuse the issue and reduce payouts. Quick settlement offers from limited coverage: The franchisee may offer a fast, low settlement from their limited insurance policy before you understand the full extent of your injuries or realize that Corporate may also be liable with much larger policy limits. “Independent contractor” arguments: McDonald’s Corporate will emphasize that franchisees are independent operators, not Corporate employees, trying to distance themselves from liability. This argument fails when Corporate controls operational standards, lease agreements, or property conditions that contributed to your accident.
The best response
“I am focusing on my medical treatment and recovery. My attorney will be in contact with you to handle all aspects of my claim.” This simple statement protects your rights while ensuring experienced legal counsel handles all communication with their insurance companies and legal teams.
Understanding your fast food restaurant injuries and compensation
Fast food restaurant slip and falls often result in more severe injuries than people expect. The combination of hard tile or concrete floors, grease that provides no traction for recovery, and unexpected falls where you can’t catch yourself creates conditions for serious harm.
Why fast food restaurant injuries are serious
Fast food restaurants have tile, concrete, or sealed floors designed for easy cleaning and sanitation. These surfaces provide no cushioning when you fall. A fall that might cause bruising on carpet can result in fractures, head trauma, or spinal injuries on restaurant floors. Grease-related falls are especially violent: When you slip on grease, your feet often go completely out from under you because grease eliminates all traction. This leads to falls where you land hard on your back, head, or tailbone with full body weight and no ability to break your fall. Sudden unexpected falls: When you slip on a clear liquid or trip on a hidden obstacle, you have no time to prepare or catch yourself. Your body hits the ground with full force, often causing head injuries, broken bones, and soft tissue damage. Impact on daily activities: A broken wrist means you can’t work, drive, or perform basic tasks. Back injuries prevent lifting or bending. A concussion affects your ability to concentrate at work. Fractures in older adults can lead to complications and permanent limitations. These injuries disrupt routine activities you never thought twice about before the accident.
Drive-thru and parking lot coverage
Your rights extend beyond the dining room. McDonald’s duty to maintain safe conditions covers their entire premises, including:
Drive-thru lanes
Parking lots
Outdoor seating areas
Walkways and entrances
If you were injured in any area of McDonald’s property while you were a customer, you have the same premises liability rights as someone injured inside the restaurant.
Types of compensation available
Under Nevada law, you can seek both economic and non-economic damages when McDonald’s negligence causes your injury. Economic damages cover your calculable losses: All medical expenses including emergency care, surgery, hospitalization, physical therapy, prescription medications, medical equipment, and future medical treatment for ongoing complications. Lost wages from time off work for medical appointments and recovery. If your injuries prevent you from returning to your previous job or reduce your earning capacity, you can seek compensation for lost future income. Transportation costs for medical appointments. Non-economic damages compensate for the human impact: Physical pain and suffering from your injuries and ongoing discomfort. Emotional distress, anxiety, and depression resulting from the accident and its aftermath. Loss of enjoyment of life activities you can no longer participate in or don’t enjoy anymore due to pain or limitations. Permanent disability or disfigurement from scarring, limping, or other lasting physical changes. Impact on family relationships when you can no longer participate in activities with your spouse and children.
Why you shouldn’t accept quick settlements
Insurance companies will often make fast, low offers hoping you’ll accept before understanding your injuries’ full impact. These initial offers typically cover only your emergency room visit, not ongoing treatment, rehabilitation, complications, or long-term effects. Warning signs of inadequate offers: Settlement offer comes within days or weeks of your accident before you’ve completed treatment. Offer doesn’t account for future medical needs or permanent limitations. No compensation included for pain and suffering beyond medical bills. Offer comes from the franchisee’s insurance without investigating Corporate’s liability. Pressure tactics like “this offer expires in 48 hours” or “take it or leave it” language. Never settle until you’ve reached “maximum medical improvement” the point where your doctors agree your condition has stabilized and they can assess any permanent limitations. Only then can you accurately calculate the full value of your claim.
Why choose Jack Bernstein for your McDonald’s case
Fast food restaurant injury cases require specific knowledge of food establishment regulations, franchise liability structures, and the aggressive tactics used by major franchise operations and their insurance companies.
40 years of experience
Jack has more than 40 years of personal injury experience. He understands local court procedures, what evidence persuades Nevada juries, and the settlement ranges for different types of restaurant injuries.
What Jack’s experience teaches about McDonald’s cases
Jack knows how to investigate franchise agreements, lease terms, and operational control to identify all potentially liable parties. He understands when the franchisee is solely responsible, when Corporate shares liability, and how to pursue both when appropriate. This ensures you’re not limited to a franchisee’s minimal insurance when Corporate’s policies offer substantially more coverage. Food establishment regulations strengthen cases: Drawing on decades of experience, Jack understands how to use Nevada’s food establishment regulations to demonstrate that McDonald’s violated specific safety requirements beyond general negligence. When they fail to maintain equipment or follow sanitation protocols that lead to floor hazards, you have multiple legal theories to pursue. Grease hazard documentation: Jack knows how to prove grease came from McDonald’s cooking operations rather than being tracked in from outside. This includes obtaining maintenance records, employee schedules showing who worked kitchen stations, and inspection reports showing equipment conditions.
You work directly with Jack
At many large firms, your case gets assigned to junior associates or paralegals who lack the experience to handle sophisticated franchise defendants and corporate legal teams. Here, you get Jack Bernstein’s personal attention throughout your case. He will be the one investigating your accident, negotiating with insurance companies, and representing you in court if necessary.
We handle everything
While you focus on healing and getting your life back on track, we handle all the legal complexities: Evidence collection and preservation, including immediate requests to preserve security footage before it gets overwritten. All communication with franchisee management, corporate legal departments, and multiple insurance companies. Medical record gathering and coordination with your treatment providers. Expert witness retention when necessary to prove liability or demonstrate the full extent of your injuries. Investigation of franchise relationships and operational control. Legal deadlines and court filings to protect your rights. Negotiation based on the true value of your case, pursuing all liable parties.
Frequently asked questions
Have questions about your case?
Every McDonald’s slip & fall accident case is different. These answers cover the general rules; what applies to you depends on the facts.
Call us any time, 24 hours a day, and we will go through the specifics with you. It is free, and there is no obligation.
(702) 633-3333 Free consultation · Available 24/7 Or send us the details onlineHow long do I have to file a McDonald’s slip and fall lawsuit in Nevada?
Under Nevada law (NRS 11.190), you generally have two years to file a personal injury lawsuit, and different deadlines and exceptions can apply depending on the claim and its circumstances. However, critical evidence disappears much sooner. Security footage typically gets overwritten within 30-90 days, witnesses forget details, and employees transfer to other locations. Taking immediate action helps preserve the strongest possible case.
What is my McDonald’s restaurant injury case worth?
Case value depends entirely on your injury severity, total medical expenses, lost wages, permanent limitations, and how clearly negligence caused your accident. Fast food cases can have significant value due to serious injuries from hard floors and grease-related falls. We can provide a realistic assessment during your free consultation after reviewing the facts of your case.
Do I sue the franchisee or McDonald’s Corporation?
This depends on the facts of your case, and sometimes on documents nobody outside the business has seen. The franchisee typically controls daily operations and employs the staff. McDonald’s Corporation may be reachable in its role as property owner or landlord, or where it set the operational standards that failed, but a landlord out of day-to-day possession is not automatically responsible for a hazard the operator created, so this turns on the lease, the franchise agreement and who actually controlled the thing that hurt you. Jack investigates to identify all responsible parties and their insurance coverage, so that your claim reaches every available source of coverage.
Can I sue McDonald’s for accidents in their parking lot or drive-thru?
Yes. McDonald’s duty to maintain safe conditions extends to their entire property, including parking areas, drive-thru lanes, and walkways. Poor lighting, potholes, broken pavement, inadequate drainage, spills from drive-thru windows, and failure to address weather-related hazards can all create liability for injuries occurring anywhere on their premises.
What if the McDonald’s where I fell was a franchise location?
Most McDonald’s are franchise locations. This doesn’t prevent you from pursuing a claim, it just means we need to identify the correct parties to sue. We’ll investigate who owns the franchise, who owns the property, what insurance policies exist, and how operational control was divided between the franchisee and Corporate. This is exactly why you need experienced legal counsel rather than trying to navigate franchise liability on your own.
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