On February 21, 2013 in Williston Park, New York, a mother and daughter who were injured in a fast food restaurant are suing not only the woman who hit them but the Wendy’s restaurant where the pedestrian accident took place, according to CBS News in New York.  The mother and her 11-year-old daughter claim that the construction of Wendy’s parking lot may have played a role in the crash that led to their injuries.

Mother and Daughter Suffer Severe Injury

The two victims were visiting a Wendy’s in Williston Park and had just exited the restaurant when a car driven by an elderly woman crashed into them, pinning them both against the wall of the restaurant.

Both mother and daughter suffered crushed leg bones as result of the collision.  The daughter had a severely fractured leg but was released from the hospital after treatment.  The mother remains in a wheelchair after having two fractured legs.

Why Sue Wendy’s?

Many question the value of suing the restaurant for a crash that was obviously caused by an elderly driver.  In fact, the 75-year-old who caused the crash is being named as a defendant in the lawsuit along with Wendy’s International Inc. and Westbury Properties, LLC, who own the site where the crash occurred.

Attorneys for the plaintiff claim that Wendy’s and the property owner are included in the suit because of their failure to install pedestrian safety blocks which might have prevented the crash.

When an owner opens a business to the public, he or she has a duty to provide a basic degree of safety for patrons.  Many businesses opt to put concrete parking blocks at the end of parking spaces.  These blocks prevent drivers from traveling too fast or too close to pedestrians.

In this case, however, the store neglected to put these blocks in place and this neglect was a part of the subsequent collision that caused the victims so much damage.

What Should I Do If I Am Hurt In A Parking Lot Accident?

Not everyone who suffers injury in a parking lot will be able to recover damages from the owner of the building or the company that operates at that site.  The conditions must be very specific and the company must clearly have some form of liability in order for a victim to successfully collect damages.

However, companies may be liable for things that victims are unaware of, such as parking lot safety blocks.  Some victims assume that they cannot collect damages from a company because the company has little or no interest in the matter, but this may not be the case.  A personal injury attorney can examine the situation and provide the client with a legal overview of who is responsible for the injuries.

When you consult a personal injury lawyer, you are taking the best step possible to protect your rights and recover damages for your injuries.  Even if you do not believe that anyone will be held responsible for your accident, talk to a personal injury attorney about your case.