And How Murnane & O’Neill Beat These Tactics
McDonald’s locations are backed by powerful corporate risk-management departments and national insurance carriers. Their goal is simple: pay as little as possible—or nothing at all—even when customers are legitimately injured.
Understanding these tactics helps explain why experienced legal representation is critical.
Tactic #1: “We Didn’t Know About the Hazard”
McDonald’s may claim they had no knowledge of the spill, wet floor, or defect.
How Murnane & O’Neill counter this:
- Obtains surveillance footage showing how long the hazard existed
- Requests maintenance and inspection logs
- Analyzes employee schedules and cleaning procedures
- Uses witness testimony to establish a timeline
Under Maryland law, McDonald’s can still be liable if it should have known about the hazard and failed to act.
Tactic #2: “The Hazard Was Open and Obvious”
Insurers may argue you should have seen and avoided the danger.
How we beat it:
- Demonstrate poor lighting, glare, or visual obstructions
- Show hazard blended into surroundings (clear liquid on light tile, for example)
- Establish a lack of warning signs
- Use photographs and scene reconstruction
Even visible hazards do not automatically eliminate liability when a business fails to maintain reasonably safe premises.
Tactic #3: “You Were Distracted or Not Watching Where You Were Going”
This is an attempt to shift blame onto the victim.
How we beat it:
- Show customers were required to walk through a hazard to reach the counter, restrooms, or exit
- Prove McDonald’s created or allowed the dangerous condition
- Emphasize the customer’s lawful presence and expectation of safety
Maryland slip-and-fall cases focus on property owner conduct, not unrealistic expectations of constant vigilance by customers.
Tactic #4: “Your Injury Was Pre-Existing”
Insurers often claim pain existed before the fall.
How we beat it:
- Obtain medical records showing the condition worsened after the fall
- Use the treating physician’s opinions
- Show diagnostic imaging changes (MRIs, X-rays)
- Establish new symptoms, treatment, or surgery
Maryland law allows recovery when an accident aggravates a pre-existing condition.
Tactic #5: “The Fall Didn’t Cause Your Injuries”
They may argue that something else caused your condition.
How we beat it:
- Immediate medical documentation
- Timeline linking fall → symptoms → treatment
- Expert medical opinions
- Consistent records
Tactic #6: Lowball Settlement Offers
Insurers may offer quick, small payments, hoping victims accept before realizing the full impact.
How we beat it:
- Calculate full lifetime damages
- Present documented medical and economic losses
- Use trial preparation leverage
- Refuse premature settlements
The McDonald’s slip and fall attorneys in Maryland at Murnane & O’Neill prepare every case as if it will go to trial—forcing insurers to negotiate seriously.
To speak with the legal team at Murnane & O’Neill, fill out our FREE Case Evaluation, or call (410) 761-6800. We are
available 24/7 for our clients.
Important note: This page is general legal information, not individualized legal advice. Every case depends on specific facts.
Murnane & O’Neill handles McDonald’s slip and fall cases in 
