If you were hurt at a McDonald’s in Texas, you may have the right to pursue an injury claim and recover compensation. Knowing how to sue McDonald’s after an injury starts with understanding the legal process, who bears responsibility, and what your case requires.
Joe I. Zaid & Associates represents injury victims throughout Houston and surrounding Texas communities. Call (346) 756-9243 today to schedule a free consultation. Speaking with an attorney early helps preserve evidence and protect your legal rights before they are compromised.
McDonald’s operates thousands of locations across Texas, including dozens throughout the Houston metro area. Some are corporate-owned. Many are independently owned franchises. That distinction directly affects who you can sue and how your claim is structured.
This page focuses on the legal steps involved in suing McDonald’s after an injury. If your injury specifically involved a fall, our McDonald’s slip and fall lawyers cover those cases in greater depth. For a broader overview of injuries at McDonald’s locations, contact our McDonald’s personal injury lawyers.
Can You Actually Sue McDonald’s?
The short answer is yes. McDonald’s and its franchise operators owe a legal duty of care to every customer who walks through their doors. When that duty is breached and someone gets hurt, a personal injury lawsuit may be appropriate.
Under Texas premises liability law, businesses open to the public must:
- Keep the property in a reasonably safe condition
- Inspect for known hazards and fix them promptly
- Warn customers of dangers they cannot reasonably see
- Train employees properly on safety and food handling
- Maintain equipment, fixtures, and common areas to a safe standard
When McDonald’s fails to meet any of these obligations and an injury results, you have the right to hold them accountable.
Corporate Locations vs. Franchise Locations
One factor that makes McDonald’s lawsuits more complex than standard injury claims is the corporate structure. Some locations are owned and operated directly by McDonald’s Corporation. Others are independently owned franchises that simply license the McDonald’s brand.
This distinction matters because liability may fall on the franchise owner, McDonald’s corporate, or both, depending on how the injury occurred. For example, a hazard caused by poor employee training may involve corporate responsibility if the training program itself was deficient. A hazard tied to a specific location’s maintenance failures may fall entirely on the franchise operator.
Identifying the right defendant early is one of the first things a lawyer handles in a McDonald’s injury case. Getting this wrong can cost you significant time and money.
What You Must Prove to Win a McDonald’s Injury Claim
Texas premises liability law requires injury victims to prove negligence. Four elements must be established for your claim to succeed.
Duty of care. McDonald’s owes a legal duty to keep its premises reasonably safe for customers. Customers are considered invitees under Texas law, meaning McDonald’s owes them the highest standard of care.
Breach of duty. McDonald’s or its employees failed to meet that standard. A wet floor without warning signs, broken equipment, or a known hazard that went uncorrected are examples of a breach.
Causation. The breach directly caused your injury. You must show a clear connection between the unsafe condition and the harm you suffered.
Damages. You suffered measurable losses as a result, including medical expenses, lost income, or pain and suffering.
Each element must be supported by evidence. The strength of that evidence largely determines how your claim is valued and resolved.
The Step-by-Step Process for Suing McDonald’s After an Injury
Step 1: Get Medical Care Before Anything Else
Your health comes first. Even if your injuries seem minor at the scene, get evaluated by a medical professional as soon as possible. Burns, soft tissue injuries, concussions, and foodborne illness symptoms can all worsen within hours.
Delaying medical care creates two problems. First, it puts your recovery at risk. Second, insurance companies use gaps in treatment to argue that injuries were not serious or were caused by something unrelated to McDonald’s. Medical records created immediately after the incident directly connect your injuries to what happened at that location.
Hospitals and urgent care facilities throughout Houston and Harris County treat restaurant-related injuries regularly. Document every appointment, diagnosis, prescription, and follow-up visit from the beginning.
Step 2: Report the Incident Before You Leave
Before leaving the location, report what happened to the manager on duty. Ask that an official incident report be completed. Request a copy of that report in writing.
If the manager refuses to give you a copy, write down the time, the date, the address of the location, and the name of the employee you spoke with. This documentation becomes important later when establishing that the incident was formally reported.
Do not sign any documents at the scene. Do not agree to recorded statements or waive any rights before speaking with a lawyer.
Step 3: Collect Your Own Evidence at the Scene
Evidence inside a restaurant disappears fast. Floors get cleaned. Spills get wiped. Surveillance footage gets recorded over. Collect as much as possible while you are still at the location.
- Take photos and videos of the hazard that caused the injury
- Photograph your visible injuries from multiple angles
- Capture the surrounding area, including whether warning signs were present or absent
- Note the positions of any security cameras visible inside or outside the restaurant
- Collect names and phone numbers from any witnesses who saw what happened
If you later hire an attorney, they can send a legal preservation letter to prevent surveillance footage from being destroyed. That letter needs to go out quickly, which is another reason early legal contact matters.
Step 4: Do Not Give a Recorded Statement to McDonald’s Insurance
After a reported incident, McDonald’s or the franchise operator will notify their insurance carrier. An adjuster may contact you within days. They will often ask for a recorded statement, framing it as a routine part of the process.
Insurance adjusters represent the company’s financial interests, not yours. A recorded statement taken before you fully understand your injuries or the extent of liability can seriously damage your claim. Even accurate, well-intentioned statements are sometimes used to minimize payouts.
Before speaking to any insurance representative connected to McDonald’s, contact a personal injury attorney.
Step 5: Consult a Personal Injury Lawyer
This is the step that changes the outcome of most claims. An attorney familiar with corporate premises liability cases can evaluate whether you have a valid claim, identify the correct defendant, and advise you on what the case may be worth.
Joe I. Zaid & Associates offers free consultations for injury victims throughout Houston and Harris County. There is no cost to speak with our team about what happened. During that consultation, we will review:
- The nature and severity of your injuries
- How the incident occurred and who bears responsibility
- What evidence exists and what may be at risk of being lost
- Whether McDonald’s corporate, the franchise operator, or both may be liable
Step 6: Investigate and Build the Case
Once retained, your attorney begins a formal investigation. The goal is to establish that McDonald’s was negligent and that the negligence caused your injury. Evidence gathered during this phase may include:
- Surveillance footage from inside or outside the restaurant
- The incident report filed at the time of injury
- Employee training records and compliance documentation
- Maintenance logs and inspection history for the property
- Prior complaints, citations, or health department violations at that location
- Medical records and, in serious cases, expert medical opinions
In cases involving multiple liable parties, your attorney determines which defendants to name and how to structure the claim for maximum recovery.
Step 7: File a Demand and Negotiate, or Take the Case to Court
Most injury claims begin with a formal demand letter to the insurance company before any lawsuit is filed. The demand outlines your injuries, the evidence supporting liability, and the compensation you are seeking. The insurer then has an opportunity to respond.
If McDonald’s insurance offers a fair settlement, the case may resolve without litigation. When the offer is inadequate or the insurer disputes liability entirely, your attorney files a lawsuit in the appropriate Texas court. Cases involving Houston-area McDonald’s locations are typically handled in Harris County District Court.
Filing a lawsuit signals that you are prepared to take the case to trial. Many cases resolve after filing, once the opposing party understands the strength of the evidence against them.
What Kinds of Injuries Lead to McDonald’s Lawsuits
McDonald’s injury cases come in several forms. This page focuses on the legal process of pursuing a claim, regardless of how the injury occurred. Common situations that lead people to ask how to sue McDonald’s include:
- Slip and fall accidents caused by wet floors, grease, or spills in dining areas and restrooms
- Burns from hot beverages served in improperly sealed cups or defective lids
- Foodborne illness caused by improperly handled or contaminated food
- Injuries from falling objects, unstable furniture, or broken equipment
- Drive-through accidents involving vehicle collisions or pedestrian contact
- Playground equipment injuries at locations with outdoor play areas
- Parking lot accidents caused by poor lighting or hazardous conditions
The legal steps for pursuing a claim against McDonald’s follow a similar path regardless of the injury type.
How Often People Get Hurt At McDonald’s
McDonald’s serves a massive volume of customers daily, and injury incidents across their locations are more common than most people realize. National data and public health records point to consistent patterns of customer harm.
- During the decade surrounding the Liebeck v. McDonald’s case, McDonald’s acknowledged receiving more than 700 complaints of severe burns from coffee served between 180°F and 190°F
- A single E. coli O157:H7 outbreak linked to slivered onions used in Quarter Pounders sickened 104 people across 14 states
- More than 400 children were injured on legacy McDonald’s PlayPlace equipment before the Consumer Product Safety Commission forced the structures to be removed
These figures reflect only documented and reported incidents. Many injuries go unreported entirely, particularly when victims do not connect with legal representation early enough to understand their rights. Below is an infographic depicting the alarming statistics for both workers and customers inside McDonald’s.
Evidence That Strengthens a McDonald’s Lawsuit
The quality of your evidence plays a direct role in the outcome of your claim. The following types of evidence are commonly used in McDonald’s injury cases.
- Surveillance footage from inside the restaurant or parking area
- Incident reports completed at the time of injury
- Medical records and imaging documenting injury severity
- Photographs taken at the scene immediately after the incident
- Witness statements from customers or employees present
- Maintenance logs or cleaning records that show a pattern of neglect
- Prior complaints or documented hazards at the same location
Our firm investigates all available evidence promptly. Waiting to seek legal help increases the risk of lost or overwritten evidence and a weaker overall claim.
How Insurance Companies Handle McDonald’s Injury Claims
McDonald’s and its franchise operators carry commercial liability insurance. These carriers are experienced at defending against personal injury claims and work quickly to limit their exposure.
Common tactics used to reduce payouts in McDonald’s injury claims include:
- Requesting a recorded statement before you have legal representation
- Disputing that the hazard actually caused your injury
- Arguing that you were partially responsible for the accident
- Downplaying the severity of your injuries
- Offering a quick, low settlement before your full damages are known
Joe I. Zaid spent nearly a decade working inside the insurance industry before founding this firm. That background gives our team direct insight into how insurance carriers approach, evaluate, and attempt to minimize claims. We use that knowledge to build stronger cases and push back against these tactics on behalf of our clients.
Our Houston premises liability lawyers provide additional context on how these claims are typically handled across Harris County.
What Compensation You May Recover
A successful McDonald’s injury claim can recover both economic and non-economic damages.
Economic damages may include:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Physical therapy and rehabilitation costs
- Out-of-pocket expenses directly related to your injury
Non-economic damages may include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Permanent disability or disfigurement
The total value of your claim depends on the severity of your injuries, available insurance coverage, the clarity of liability, and the strength of your evidence. Our attorneys evaluate all categories of damages to pursue maximum recovery.
Texas Laws That Apply to Your McDonald’s Injury Claim
Statute of Limitations
Under Texas Civil Practice and Remedies Code Section 16.003, most personal injury victims have two years from the date of injury to file a lawsuit in Texas. Missing this deadline permanently bars your right to recover compensation.
Modified Comparative Fault
Texas follows a modified comparative fault rule under Chapter 33 of the Texas Civil Practice and Remedies Code. If you are found to be less than 51 percent responsible for your injury, you may still recover damages. Your compensation is reduced by your assigned percentage of fault.
McDonald’s insurance carriers routinely attempt to assign partial blame to injured customers. Legal representation is essential for countering these arguments effectively.
Premises Liability and the Invitee Standard
Customers at McDonald’s are classified as invitees under Texas premises liability law. Property owners owe invitees the highest standard of care, which includes the duty to inspect, identify, and correct dangerous conditions in a timely manner.
You can review additional answers about Texas injury claims in our frequently asked questions section.
About Joe I. Zaid and Our Firm
Joe I. Zaid founded Joe I. Zaid & Associates in 2013 after spending nearly a decade inside the insurance industry. He graduated from South Texas College of Law Houston and has built the firm around one core principle: injured clients deserve representation that knows how the other side thinks.
That inside knowledge shapes how we approach every McDonald’s injury case, from initial evidence gathering through final settlement or trial.
Awards and Recognitions
H-Texas Magazine: Houston’s Top Lawyers Nominee Recognized among leading personal injury attorneys in the Houston legal community.
Top 40 Under 40 Trial Lawyers Award honoring outstanding trial attorneys under the age of forty.
Super Lawyers Selection (2026) Reserved for attorneys with demonstrated professional achievement and strong peer recognition.
Why Choose Joe I. Zaid & Associates
McDonald’s and its franchise operators have experienced legal teams and insurance carriers working to minimize every claim. You deserve representation that is equally prepared.
Our firm brings:
- Free consultations with no upfront obligation
- Contingency fee representation, so you pay nothing unless we win
- Insurance industry insight to anticipate and counter adjuster tactics
- Litigation readiness from the moment we take your case
We represent injury victims across Houston, Harris County, Pasadena, Humble, Pearland, Sugar Land, League City, The Woodlands, and surrounding Texas communities.
Contact our legal team online or call (346) 756-9243 now to speak with our firm about your McDonald’s injury claim.
Frequently Asked Questions
Can I sue McDonald’s if the location is a franchise?
Yes. Franchise owners operate as independent business owners and can be held liable for unsafe conditions on their property. In some cases, both the franchise owner and McDonald’s Corporation may share responsibility.
How long do I have to file a lawsuit against McDonald’s in Texas?
Texas law generally gives injury victims two years from the date of injury to file a lawsuit. Acting quickly helps preserve evidence and protects your legal options.
What if McDonald’s denies my claim?
A denied claim does not end your legal rights. An attorney can review the denial, gather additional evidence, and pursue litigation if the insurance carrier refuses to offer fair compensation.
What if I was partially at fault for my injury?
Texas comparative fault rules allow you to recover damages if you are less than 51 percent responsible. Your compensation is reduced proportionally by your share of fault. McDonald’s insurers frequently raise this argument, which is one reason legal representation matters.
Does it cost anything to speak with your firm?
No. Joe I. Zaid & Associates offers free consultations. Our firm works on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Will my McDonald’s case go to trial?
Most cases settle before trial. However, our firm prepares every case as though it will go before a jury. That preparation strengthens our negotiating position at every stage.
Contact Joe I. Zaid & Associates Today
If you were injured at a McDonald’s in Texas, do not wait to seek legal help. Evidence disappears quickly, and McDonald’s insurance carriers begin building their defense from the moment an incident is reported.
Joe I. Zaid & Associates is ready to represent you.
Our firm offers free consultations, works on a contingency fee basis, and is available 24/7 to help injury victims across the Houston area and surrounding Texas communities.
Call (346) 756-9243 or contact our legal team online to schedule your free case evaluation today.
Joe I. Zaid & Associates 4701 Preston Ave Pasadena, TX 77505
