Slipped and Fell at Applebees

Slip and Fall at Applebee's in West Palm Beach? Here's How to Protect Your Claim

A casual meal at an Applebee's shouldn't end with a trip to the emergency room. But if you slipped and fell at the Applebee's on North Military Trail in West Palm Beach, you're certainly not alone. Restaurants become hazardous when spills, cluttered walkways, or dim lighting are not promptly addressed. When those unsafe conditions cause injury, under Florida premises liability law, you may be able to recover damages.

At Wolfson & Leon, our West Palm Beach restaurant accident attorneys help injured victims navigate their claims. Call us for a free consultation at 561‑997‑7558. You pay nothing unless we recover for you.

Why Slips & Falls Occur in Applebee’s Establishments

Slip and fall accidents are among the most common hazards in restaurants. In a busy dining environment, risks include:

  • Spills from beverages, sauces, or cleaning liquids that go unnoticed
  • Flooring defects such as cracked tile, loose mat edges, or uneven transitions
  • Obstructed walkways—chairs, trays, cleaning tools, waste bins blocking paths
  • Inadequate lighting in restrooms, entryways, or corners
  • Rushed cleanup procedures without warning signage

When restaurant staff fail to address or warn patrons about hazards, they may slip or trip without warning. You can find Applebee’s locations in or near the West Palm Beach area:

  • Applebee’s West Palm Beach: 1975 North Military Trail, West Palm Beach, FL 33409
  • Applebee’s Delray Beach: 3176 Northlake Blvd, West Palm Beach, FL 33403
Florida Law on Restaurant Slip & Fall Cases

In Florida, premises liability principles apply in restaurant slip/fall claims. Under Florida Statutes § 768.0755, a plaintiff must generally show that the restaurant knew or should have known (actual or constructive knowledge) of a dangerous condition (e.g., a spill) and failed to correct or warn of it.

Key legal elements include:

  1. Duty: The restaurant owes a duty to its lawful visitors to keep the premises reasonably safe.
  2. Breach: Failing to warn, inspect, or remedy a hazardous condition.
  3. Causation: The hazard must cause your injury.
  4. Damages: You must suffer a compensable harm—medical bills, lost income, etc.

Defendants often raise defenses such as:

  • Open and obvious hazard - arguing you should have seen it
  • Lack of sufficient notice - claiming the spill was too recent for staff to discover
  • Comparative negligence - asserting you had some fault (Florida uses a modified comparative negligence standard; see § 768.81)

Under Florida’s modified comparative negligence rules, you can still seek compensation if your share of responsibility is 50% or less. So even if you were distracted and bear some fault for the accident, you aren’t barred entirely from seeking compensation unless your share exceeds 50%.

To illustrate, assume that a patron at the Applebee's on North Military Trail slips on an unmarked puddle of soda near the restroom and suffers a fractured wrist. The restaurant may be held responsible because the staff failed to remove the hazard promptly. But let's say the patron is also found to be 20% at fault. Instead of losing their right to compensation altogether, Florida's modified comparative negligence law allows them to recover 80% of their damages. So, for a $100,000 verdict, the actual recovery would be $80,000.

Types of Injuries & Why Medical Care Is Critical

What seems like a mild stumble can lead to serious consequences. Common injuries include:

  • Sprains, ligament tears, soft tissue damage
  • Fractures to wrists, arms, ankles, and hips
  • Head injuries (concussions) or neck/back trauma
  • Internal injuries or bleeding

Getting prompt medical care is essential. A medical record establishes a timeline linking the fall to your injuries. Delays may allow insurers or defense lawyers to argue that your injuries stemmed from another incident or condition.

What Compensation Can You Recover?

If negligence is established, you could be compensated for the damage you’ve suffered, including:

  • Past and future medical expenses
  • Lost wages or diminished earning capacity
  • Pain and suffering / emotional distress
  • Permanent impairment or disability
  • Emotional pain or loss of enjoyment

In rare cases, punitive damages might apply if the restaurant’s conduct was especially reckless.

Evidence You’ll Need: Checklist

To build a strong claim after a slip at Applebee’s, gather evidence using this checklist:

  • Photos or video of the hazard (floor, lighting, surroundings)
  • Wide-angle and close-up shots from different viewpoints
  • Witness names and contact information
  • A copy of the incident or accident report from restaurant management
  • Clothing, footwear, or personal items preserved in sealed bags
  • Requests to preserve surveillance video (before it is overwritten)
  • Medical records and bills tied to the fall and your injuries
  • Documentation of lost wages, travel for medical care, etc.

The faster you act, the better chance you’ll secure critical evidence.

FAQs About Applebee’s Slip & Fall Claims
What should I do immediately after a fall?

Seek medical attention, report the incident to staff, ask for an accident report, take photos, collect witness info, keep your shoes and clothes, and contact a lawyer promptly.

Can I still recover if I was partially responsible?

Yes. Florida's modified comparative negligence reduces your recovery by your share of fault (unless your share exceeds 50%, which may bar recovery).

Is liability limited to inside the restaurant?

No. Parking lots, entryways, sidewalks, or adjacent walkways may also be the responsibility of the restaurant, landlord, or property manager if they control those areas.

How soon must I file a lawsuit?

In Florida, most negligence or premises liability cases (including restaurant accidents) must be filed within two years of the incident (Florida Statutes § 95.11). Missing that deadline typically bars your ability to sue.

Do I need a lawyer?

While not legally required, having experienced legal counsel greatly increases your chances of recovering full compensation. An attorney can handle evidence preservation, negotiation, case strategy, and dispute resolution regarding fault.

Call a West Palm Beach Restaurant Accident Lawyer Today

Insurance companies sometimes push you to accept a lowball offer before you know the long-term impact of your injuries. A knowledgeable lawyer can:

  • Preserve critical evidence before it disappears
  • Investigate liability beyond the restaurant (landlord, maintenance contractors, etc.)
  • Present your medical damage projections (for future care)
  • Push back on unfair fault assignments or lowball offers
  • Ensure your case meets all Florida legal requirements

At Wolfson & Leon, our Florida personal injury team understands how major chain restaurants defend themselves in slip and fall cases. With nearly six decades of collective experience, our focus remains on maximizing your recovery.

If you slipped and fell at an Applebee’s in West Palm Beach, the path to justice begins with immediate action. Evidence vanishes, memory fades, and legal deadlines loom. But you don’t have to face the aftermath alone.

Wolfson & Leon is ready to evaluate your case for free. You pay nothing unless we win for you. Contact us today at 561‑997‑7558 to protect your rights, preserve your claim, and seek the compensation you deserve.

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