If you have suffered an injury or illness in a restaurant, such as food poisoning, you could be eligible to make a restaurant accident compensation claim.
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Restaurant Accident Claims
If you or a loved one was injured at a restaurant due to negligence or unsafe conditions, you may be eligible to make a restaurant accident claim and seek compensation for your pain and suffering.
Restaurant owners and operators have a legal duty to maintain a safe environment for their visitors and ensure that the food they serve is safe to eat. A breach of this duty could result in various accidents, including slips, trips and falls and food poisoning.
In this guide, we explain when and how you can make a claim if you have an accident in a restaurant, including how much compensation you could expect.
To find out if you can make a restaurant injury claim, call 0800 470 0472 today for a free case assessment or use our online claim form to request a call back.
Table of Contents
What is the duty of care of restaurants towards customers?
Restaurant owners and operators have a legal duty of care to ensure the reasonable safety of customers and visitors on their premises. This duty is set out by the Occupiers Liability Act 1957 and includes:
- Carry out regular inspections and maintenance of the premises.
- Keep floors clean and dry to prevent slips.
- Regularly inspect and repair or replace broken furniture like chairs and tables.
- Adhering to strict food safety standards.
- Ensure employees receive adequate training to do their jobs and respond to emergencies.
- Provide allergen information to prevent allergic reactions.
- Clearly mark hazards such as wet floors.
- Ensure there is adequate lighting in all areas, including car parks.
If you were injured due to a breach of these duties, you may be entitled to make a public place accident claim.
Am I eligible to make a restaurant accident claim?
A free case assessment by a personal injury solicitor is essential to determine whether you can proceed with a compensation claim following a restaurant accident.
To be entitled to claim, you must be able to prove the following:
- A duty of care: The restaurant owed you a legal duty to keep you safe.
- A breach of duty: This duty was breached through some form of negligence, such as an unmarked wet floor.
- Causation: Their negligence directly caused you to have an accident in a restaurant.
- Damages: You suffered an injury and other losses as a result.
It is also essential to start a claim within the legal time limit, which is generally three years from the incident.
What should I do if I am injured in a restaurant accident?
If you are involved in an accident at a restaurant, you should take these steps to protect your health, safety and legal rights:
- Seek prompt medical care, even if your injuries seem minor.
- Report the accident to the restaurant owner, a manager or a staff member immediately.
- Ask for the incident to be recorded in the restaurant’s accident book and get a signed copy of the report.
- Gather evidence, such as photos of the hazard or unsafe condition and witness details.
- Keep a record of your pain levels, symptoms and how your injury has affected your life.
- Keep all receipts and financial documents related to your injury.
- Avoid admitting fault or discussing the accident with the restaurant until you have sought legal advice.
- Contact an experienced solicitor to discuss your case and your entitlement to make a compensation claim.
What do I need to make a successful claim for a restaurant accident?
To make a successful personal injury claim following a restaurant accident, you need evidence to prove liability and your losses. This could include:
- Medical records detailing your injuries, diagnosis and treatment.
- Photos or videos of the accident scene, the hazard that caused it and your visible injuries.
- CCTV footage, if available, can prove exactly how the incident occurred.
- Statements from witnesses who saw what happened.
- A copy of the accident report from the restaurant.
- A detailed personal account of how the accident occurred and how it has affected your life.
- Receipts or proof of financial losses, such as medical costs and lost earnings during recovery.
What accidents could happen at restaurants?
If the restaurant owner or management is negligent and fails to keep a safe environment, this can lead to various accidents, including:
- Slips, trips and falls caused by hazards such as spillages, wet floors or uneven flooring.
- Furniture accidents, such as collapsing chairs or tables or cuts from broken edges.
- Falling objects from shelves or decorations that are not adequately secured.
- Electrical incidents from exposed cables, damaged equipment or faulty outlets.
- Food and drink accidents, such as burns from spills, food poisoning or allergic reactions.
- Car park accidents caused by potholes, inadequate lighting or slippery surfaces.
- Assaults from staff or other customers due to insufficient security measures.
Can I claim compensation if I was injured while working in a restaurant?
While working in a restaurant, your employer owes you a legal duty of care under the Health and Safety at Work Act 1974. This includes:
- Provide a safe working environment.
- Offer adequate training on manual handling, food hygiene and the use of machinery.
- Make sure you have the necessary personal protective equipment (PPE).
- Conduct regular risk assessments.
If you were injured due to your employer’s negligence, you should be eligible to make an accident at work claim.
Many employees worry that they may lose their jobs or face repercussions if they file a claim against their employer. However, unfair treatment or dismissal because you have brought a genuine claim may be unlawful. If your employer retaliates in this way, you could have further rights under employment law.
What are the most common types of injury or illness sustained in restaurants?
You could seek compensation for any injury or illness suffered at a restaurant, as long as it was due to negligence or a breach of duty. Examples include:
- Burns and scalds from hot food or drinks.
- Sprains, strains and broken bones caused by a slip and fall.
- Head injuries from falls or being hit by falling objects.
- Cuts and lacerations from broken glass, sharp edges or impact trauma.
- Food poisoning and allergic reactions caused by poor safety standards.
- Dental injuries from falls or foreign objects in food.
- Back and neck injuries caused by falls or falling objects.
- Manual handling injuries suffered while working at a restaurant.
What is the time limit for starting a personal injury claim?
Under the Limitation Act 1980, you typically have three years to claim for a personal injury. This starts from the date of the accident or from when an injury is diagnosed and linked to negligence (the date of knowledge).
A few exceptions may apply if:
- The injured party is a child: The time limit starts from their 18th birthday, and a parent can make a child injury claim on their behalf at any time before that.
- The claimant lacks mental capacity: There is no limitation period to claim on their behalf as a litigation friend.
You can read more about this here: What is the time limit for personal injury claims?
How much compensation can I claim for an accident in a restaurant?
The amount of compensation awarded for accidents in restaurants is calculated on a case-by-case basis, based on two types of damages:
- Special damages: The financial losses and expenses incurred as a result of the accident, such as private medical treatments, loss of earnings during recovery, care costs and rehabilitation.
- General damages: The subjective impact of the accident, including physical pain, mental distress, loss of amenity, scarring and disability.
You can visit our personal injury compensation calculator for an estimate of how much the injuries you sustained in a restaurant accident could be worth. The compensation figures are based on the 18th Edition of the Judicial College Guidelines.
How much does it cost to claim for restaurant negligence?
If you are entitled to sue a restaurant for injury, your solicitor will represent you on a no win no fee basis. This means that:
- You will not incur any upfront legal costs to initiate your claim.
- If you win the case, your solicitor will deduct a success fee capped at 25% of certain elements of your compensation.
- If your claim is unsuccessful, you don’t pay your solicitor anything.
This type of agreement is intended to minimise the financial risk to you and ensure your solicitor will work diligently to win your case, as their payment is contingent on the success of your case.
Can I make a compensation claim on behalf of a loved one?
Yes, under certain circumstances, you could claim compensation for a loved one who was injured as a result of a restaurant accident. This is common if the injured party is:
- Under 18 years of age.
- An adult who lacks the mental capacity to handle their own claim (due to an injury, illness or disability).
To represent them, you must be named as their litigation friend by the court. A specialist solicitor can help you fill in and file the necessary documents to claim for your loved one and guide you through the claims process.
Start your restaurant accident claim today!
If you suffered an injury in a restaurant accident, do not hesitate to seek expert legal advice. Taking prompt action will help to ensure vital evidence is preserved and your claim is made within the necessary time limits.
If you can proceed, your solicitor will:
- Offer you a conditional fee agreement (no win, no fee)
- Handle all communication on your behalf
- Keep you updated on proceedings
- Negotiate to secure the maximum compensation for your injuries
To start your claim, call 0800 470 0472 or fill in our online form to arrange a free consultation with a specialist solicitor.
