Wingstop is famous for its variety of chicken wings and sandwiches, as well as the company’s aviation-themed logo. Founded in 1994 in Garland, Texas, Wingstop became an international company with over 1,400 locations. When you enter a well-known restaurant, you expect that the premises are clean and free of hazards that can cause you to be injured. But injuries are not always caused by conditions like slippery floors and food contamination. Lack of security and other acts of negligence by business owners can lead to assault and battery incidents, including sexual assault.
If you were physically or sexually assaulted at a Wingstop location, you may be entitled to monetary damages from the restaurant, which we can discuss with you during a free case review. If you’re interested in learning about your rights and legal options, please contact the Wing stop assault attorneys of DTLA Law Group.
Common Causes of Assault and Battery at a Wingstop Restaurant
Assault and battery include a wide variety of actions that are meant to cause harm to another person. These include threats of bodily harm, even if no physical injuries are inflicted on the victim, as well as “battery,” which is the act of physically injuring someone. Acts of sexual violence, such as rape, attempted rape, unwanted sexual touching, can also be classified as assault and battery.
These incidents may be committed by other customers, employees at the restaurant, and trespassers on the property. Some of these people are on the premises with criminal intent, like finding someone to rob or sexually assault. Battery incidents with employees, on the other hand, can happen from arguments with customers, or from members of security that use excessive force. This is very common in situations where someone who is falsely detained tries to fight back or leave the restaurant.
While there are many circumstances that can lead to assault and battery incidents at Wingstop, here are some the most common reasons:
- Inadequate or lack of security measures that could prevent harm to others, such as bright lighting and security cameras throughout the property.
- Hiring workers with violent or criminal pasts, usually due to poor hiring practices.
- Failure to inspect the property and take care of security issues, like broken locks and malfunctioning surveillance cameras.
- Poor training / lack of supervision of employees, especially security guards.
Injuries from being Assaulted at a Wingstop Restaurant
Victims of a physical altercation or sexual assault at a Wingstop can end up with serious injuries to many parts of their body. These include mental health issues, like PTSD and sleep disorders, especially in cases of sexual assault. Bodily injuries from an assault and battery at a restaurant include:
- Cuts, scratches, and bruises
- Dislocated jaw, broken nose, skull fracture, and other head injuries
- Fractures in the arms, legs, and other parts of the body
- Traumatic brain damage from acts of excessive force, like chokeholds
- Neck and spinal cord injury
- Damage to the internal organs, including reproductive organs
Make sure to seek medical attention right away, as all of these injuries have serious health complications that can affect you for the rest of your life. In some cases, like sexual assault, it’s essential to collect and preserve evidence as soon as possible. You must also have evidence to support a claim for monetary compensation, which you will need to cover your medical bills and other expenses. Once you’ve been treated for your injuries, contact our office to obtain legal advice from a seasoned assault and battery lawsuit attorney.
Can I Sue Wingstop for an Incident of Assault and Battery?
Muggings, robberies, beatings, and sexual assaults are caused by specific individuals, and as a result, people often ask us if they can also sue the business where the assault took place. The answer is yes in many cases, considering that owners have a duty of care to ensure the safety of those who are on their property. This is a legal obligation under the law of premises liability, which holds businesses responsible if someone on their property is harmed from a dangerous condition.
What constitutes a “dangerous condition” is based on the type of property, but in general, restaurants must take reasonable measures to ensure that their property is safe and secure. Some locations, for example, hire security guards due to the fact that they are in a high-crime area. At the very least, all locations should be armed with security cameras, locks, and other devices that can protect their customers and workers.
Speaking of workers, sometimes they are the source of injuries to a customer, and this can also be grounds for a lawsuit against the restaurant. This is based on the concept of vicarious liability, where an employer may be liable for negligence or misconduct by an employee when it leads to injury or property loss to another individual. The employer’s liability can be enhanced if they did not provide proper training and/or supervision, or failed to conduct the necessary background checks.
There are many issues you will need to consider in order to succeed in a lawsuit for assault and battery. For advice and guidance from an experienced assault and battery lawyer, don’t hesitate to give us a call.
Average Value of a Restaurant Assault and Battery Injury Case
Based on the degree of injury, the damages you are entitled to, and many other factors, a Wingstop assault and battery case may be worth around $100,000 to $3 million. Settlements for sexual assault claims are usually in the range of $500,000 to several million dollars, and much of this is based on emotional damages, such as mental anguish and pain and suffering. Keep in mind, however, that the level of harm is different for each and every victim. That’s why we encourage you to schedule a free consultation with one of our attorneys, who will help you determine a fair amount of compensation to ask for.
Statute of Limitations for an Assault and Battery Lawsuit
Assault and battery claims generally have a two-year statute of limitations, which means you will need to file your lawsuit no less than two years from the date of the incident. Sexual assault cases, however, have a much longer statute of limitations. As long as the incident occurred on or after January 1, 2019, you will have 10 years from the incident date to file a lawsuit for sexual assault. This timeline applies to adult victims by the way; minors have up until the age of 40 to file a sexual abuse lawsuit. There may be other conditions that apply to your situation, which will affect the amount of time you have to seek monetary damages. For assistance in figuring out the statute of limitations for your case, please reach out to us at your earliest convenience.
What is the Average Timeline to Settle these Cases?
Assault and battery claims often involve complex legal issues that take considerable time and effort to resolve. Though some cases are settled in a matter of weeks, it usually takes around 6 to 12 months to reach a settlement in these cases. If the victim has severe injuries as a result of their accident, it’s possible that two or more years are needed in order to recover their settlement award. This can happen through a jury verdict, though more than 90% of all cases are settled privately between lawyers and the defendant’s insurance company.
Lawyers with Experience in Assault and Battery Cases
The assault and battery lawyers of DTLA have a proven track record of recovery when it comes to settlement awards for assault and battery victims. If you were injured from an incident of assault and battery or sexual assault at a Wingstop restaurant, our law firm is ready to fight for you and the compensation you deserve.
Our law firm also provides assistance to those with pending injury cases. We know the fear and frustration that can take over your mind when you feel like your case is on the wrong track. Or, maybe there’s been no movement on your case in months, and you’re frustrated by how long it’s taking to reach a settlement. Our assault and battery attorneys will be happy to meet with you and provide solutions on what you can do to improve your chances for a successful outcome.
Regardless of how long it takes to secure payment on your behalf, you won’t be responsible for any legal fees with the Zero Fee Guarantee. We work on contingency, which means all of our expenses are billed to the defendant and paid to us as a part of your settlement award. In essence, we only get paid if you receive compensation from a successful lawsuit.
Please don’t delay in giving us a call if you would like to schedule a free case evaluation or free second opinion.