Suing McDonald's — And Winning
In 1992, a 79-year old woman named Stella Liebeck suffered third-degree burns due to a scalding cup of coffee that spilled on her lap. Consequently, she was awarded 2.7 million dollars in punitive damages for suing McDonalds. From time to time, the corporation finds itself tangled in complaints. Overall, these complaints range anywhere from workers' compensation to personal injury and food safety.
Nonetheless, resolving a legal dispute with McDonald’s can be done through Small Claims Court — a specialized division of the judicial system intended to help parties who do not have personal attorneys resolve disputes quickly in a cost-friendly manner.
Above all, suing McDonalds is simple using this system. In like manner, we will show you what you can sue McDonald's for and how you can use to sue in a breeze.
Grounds for Suing McDonald's
Suing McDonalds as a Current or Ex-Employee
As a current or former employee of McDonald’s, you are eligible to file a small claims suit for poor treatment on the job. As an illustration, the table below shows the legal grounds for which you can file a lawsuit as an employee:
| Legal Ground | Detail |
| Lack of Protective Measures for Employees | Harassment or physical violence; resulting in a greater likelihood of physical or mental injury |
| Hazardous Working Conditions | Conditions that cause injuries as well as exacerbate existing ones:
|
| Failure to Compensate | Wrongfully owing money to former or current employees such as delayed wages or non-payment |
| Sexual Harassment | Systemic predatory harassment by higher management as well as coworkers |
| Discrimination | Discrimination on the basis of race, age, disability, gender, marriage, pregnancy and/or maternity, race, religion, sex, etc. |
| Wrongful Termination | Fired unjustly and without due cause |
Suing McDonald's as a Consumer
As a guest, you are entitled to compensation for incidents that occurred on McDonald’s property. For example:
| Legal Ground | Example |
| Poorly Trained Staff | Injury due to a lack of attention |
| Broken or Damaged Equipment | Health or personal wellness concerns due to unsanitary conditions |
| Understaffing | Extended periods of waiting time due to lack of staff |
| Lack of Required Equipment | Failure to provide appropriate medical supplies as a result of injury |
| Failure to Warn |
|
File a Lawsuit Against McDonald’s By Yourself
In the event that you have experienced any of the above, you must prove that McDonald’s is ‘liable’. In short, McDonald's must be responsible for an incident that occurred. However, suing McDonalds by yourself is difficult — oftentimes, it is not within the civilian scope of expertise to correctly prove criminal negligence.
Therefore, you should understand how to for criminal and civil negligence.
Criminal Negligence
- Requires more than an error in judgment, inattention, or carelessness
- Pertains to dangerous conduct that is reckless and shows a clear departure from an ordinary person’s actions in any given scenario
- Requires the individual to know that an action would put the victim and risk or even cause harm
For instance, if a McDonald’s employee spills hot coffee on you, they must have known that a reasonable person in the same circumstances would have known to take the necessary precautions when dealing with a boiling hot liquid.
Civil Negligence
- Refers to conduct that falls below an appropriate level of care
- An injured victim is eligible for compensation for injuries incurred
- Specifically requires the individual to know that their actions are short of reasonableness and are not a drastic diversion from the way a typical, reasonable human being would act
For example, a McDonald’s employee places a “wet floor” sign near wet floors, not on them directly. As a result, a customer slips and falls.
How to Prove McDonald’s Negligence?
| Accident Report | You must record an impartial account of events that occurred, resulting in injury. In addition, injuries and threats to personal well-being should be recorded and reported promptly; improving credibility. |
| Records of Damages | Create and maintain a record of damages incurred from the incident — for instance, this might include bills for medical and non-medical procedures, medical reports, and employment records. |
| Witness Testimony | If needed, the testimony of co-workers, medical personnel, bystanders, as well as other relevant witnesses is helpful in strengthening your case. |
| Pictures, Videos, and Physical Evidence | If applicable, pictures, videos, and physical evidence that relates to the incident should be kept in the event that it is needed to present to a judge/jury. This form of evidence should present factors of negligence that led to the incident; pictures from a variety of perspectives and angles are helpful in creating a clear visualization of the scene. Additionally, if an incident involves physical damage (torn clothing) that clothing should be kept. |
Your One-Step, Automated Solution
Ultimately, you are encouraged to explore your options and maintain whether filing a suit is the best option for you. In other words, the extensive, procedural nature of a small claim is often tedious, creating a tiresome and unfulfilling way of achieving justice that in most instances, is unsuccessful.
As a solution to this, DoNotPay is the perfect way to successfully file a that covers all of the necessary realms of information, in a simple and concise way.
In order to file a lawsuit using DoNotPay, follow these steps:
- Log on to DoNotPay on any web browser and select “Sue Now”.
- Then, enter the dollar amount that you are owed (this could be lost wages or even adequate compensation to cover injuries and medical bills).
- Select whether you’d like to receive a demand letter or court filing forms.
- Finally, describe your reason for filing the lawsuit, and submit any additional details (including your photo evidence).
Above all, with DoNotPay, the extensive process of filing a lawsuit is covered in an instant! In addition, DoNotPay will generate a demand letter or court filing forms for you. After that, a copy of your demand letter will even be mailed to the individual or business you are suing!
Sue More Companies With DoNotPay
Not only can help you with suing McDonalds, but also help you with day-to-day issues from cancellation of subscriptions to appealing parking tickets. In summary, take a look at what else the robot lawyer can offer:
- Sue Robo Callers
- Find Unclaimed Property and Money in your name
- File a lawsuit against AT&T
- Take legal action against Uber
- Sue Verizon
- File a suit against a company without a lawyer in small claims court
- File a claim against insurance companies
- Sue an airline