Almost all Subway restaurants are franchised. They offer hot and cold sub sandwiches, turkey wraps, and salads. Food may end up on the floor.
The restaurant can do little to prevent that from happening other than providing trays and properly wrapping the sub sandwiches, wraps and salads.
Drinks will also end up on the floor. But each Subway restaurant does have a duty to keep the floor free from substances that the store (through its employees) knows or should know is on the floor. The picture to the right is not an actual Subway sub.
If you are injured in a Subway restaurant, you should immediately let the store manager know about your incident. The manager may have you complete an incident form, and may not give you a copy of the claim form.
If you get a copy of the claim form this can later be evidence that you were in the store on the date of the incident. But even if you did not notify a Subway store manager or employee of your fall or other incident immediately after it happened, you still may have a good case.
I have settled cases for a lot of money for people who were badly injured who did not call 911 or report their fall down incident to the building owner or property manager at the time of their slip, trip or fall. However, a 911 call audio recording or transcript may be important to help you prove your claim, so you may want to request it.
I was one of the attorneys in a case that settled for $195,000 even though my client did not report the incident to the property owner or manager at the time of the fall. My client did not dial 911 either. But a friend drove my client to the emergency room straight from the building where he fell down.
Although I included the phone number below along with Subway corporate office address, I do not suggest that you call the Subway corporate office and speak with a Subway representative about your injury claim.
325 Bic Dr.
Milford, CT 06461-3059
You should assume that when you are speaking with someone from the Subway corporate office over the phone that they are taking notes. These notes can later be used against you in your personal injury case. Even if the Subway representative is friendly, they still may deny your injury claim.
Some Subway restaurants are located in freestanding buildings. If you are injured at a Subway that is in a freestanding building, the owner and maintenance company for the building may also be responsible for your accident in addition to Subway. This would be true for example, if you tripped and fell and were injured outside of a Subway restaurant because a step down did not have a warning sign.
You can write or fax the Subway restaurant where you fell and request that they provide you with the name and owner of the building where you fell. You can also go to the county property appraiser’s website and type in the address where you fell and it should tell you the contact information for the owner of the building where you fell.
If you are injured in a Subway restaurant that is located inside a convenience store, it is possible that both the Subway franchisee and the convenience store owner may be on the hook for your damages (medical bills, pain and suffering, lost wages) in your case. The breakdown of liability (fault) on the part of Subway and the convenience store owner may be based on the contract between the Subway and the convenience store owner.
If you are injured at a Subway restaurant that is inside a sports facility, determining whether the Subway or the sports facility is at fault may depend upon if you fell or were otherwise injured in an area that Subway controlled.
If your slip and fall happened in a general area in the sports facility that the Subway restaurant did not control, then the sports facility (not the Subway) may be on the hook to pay for your damages.
For example, if you were to slip and fall on a sub sandwich, a turkey wrap or salad that was on the floor in the general area of a sports facility, then Subway may not be at fault for your incident. Rather, the fault may rest with the sports complex because it was in control of the general area where you fell.
If you were injured or a family member was killed inside or outside of a Subway restaurant due to a crime, the security company (if one exists) or the owner (or maintenance company) of the property may be responsible for your medical bills, lost wages, pain and suffering, funeral expenses, etc.
Generally to be successful in a case where you were injured because of a crime, the Subway restaurant would have had to have known or should have known before the incident that it was foreseeable that a violent crime could occur at or outside of the Subway restaurant.
You can email or write the local police department and request a crime grid of the area near the Subway restaurant where you were injured. The crime grid will show previous 911 calls and incidents that occurred near the Subway restaurant for a certain period before your incident. If there were enough prior crimes in the area prior to your incident, you may be able to prove that the Subway restaurant should have known that a similar crime could occur and they failed to prevent it.
If you were injured while working at a Subway restaurant, you may have a workers compensation claim against your employer (usually the Subway franchisee). If there was something that Subway corporate did that was careless (negligent), then you may also be able to make a personal injury claim against Subway corporate in addition to making a workers compensation claim.
The advantage of being able to make a personal injury claim in addition to a workers compensation claim is that in a personal injury claim you may be able to get pain and suffering as well as the other 1/3 (33 1/3%) of your past lost wages that the workers compensation insurer does not have to pay you under Florida law.
So if you slipped and fell in a Subway restaurant in Florida, the amount of money that you may be able to get for settlement for a herniated disc or another type of injury depends on whether you can prove that Subway knew or should have known that there was a sub sandwich, turkey wrap, grease or something else on the floor before you fell.
If you only have a workers compensation claim against Subway, you are not entitled to pain and suffering. But in a worker’s compensation claim you do not have to prove that the Subway restaurant was negligent (did something wrong that caused your accident) in order to possibly get benefits.
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Editor’s Note: This post was originally published in August 2013 and has been completely revamped and updated.