November 2009 Archives

November 20, 2009

Slip And Fall Lawsuit Involving Hardee's In Breese, Illinois Set For Trial

Clinton County, Illinois - A case against Hansen Foods Inc. (a franchisee of Hardee's), brought by an injured customer has been set for trial on March 8, 2010. The man, an 85 year old veteran of WWII and the Korean War, was walking into Hardee's at 1:00 p.m. with a friend in 2007. At that time, an employee had mopped the floors but failed to use a dry mop as required by Hardee's written guidelines. 774431_limpieza_cleaning_.jpg


The man slipped and fell on the wet floor, causing him to fall and fracture his femur, which resulted in a hip surgery, and additional related surgeries and treatment. There is a dispute as to whether or not wet floor signs were set out, and whether or not they were placed properly. There is no dispute that the floor was wet and caused the fall of the customer.

Business owners have a duty to maintain their property in a safe condition and be free of negligence. If businesses are going to choose to mop during business hours, they need to warn customers of the same, and dry the area as quickly as possible. Here, the customer alleges Hansen Foods could have easily dried the area with a dry mop, but instead chose to let it dry on its own and left the area unattended. Moreover, depositions of the parties revealed that the employee was using soap, which is against Hardee's mopping guidelines in effect at the time of the incident for day mopping.

The trial is expected to last 2-3 days, and will include expert testimony, physicians and testimony from all parties.

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