By Danielle Jordan. Last Updated 25th June 2024. In this guide to restaurant accident claims, we discuss what steps could be involved when suing a restaurant for harm it has caused you due to negligence.
Restaurant owners or operators must take ownership of operational procedures that ensure safety and security for the guests. Under their duty of care, the restaurant operators must ensure that restaurant staff members and guests receive adequate protection from risk. This means not potentially exposing them to any physical injury or illness.
Often, mishaps or accidents occur on the restaurant premises and happen due to no fault of the staff members or guests. You could have grounds to make a compensation claim if a restaurant neglects its legal duties and causes you harm.
This restaurant accident claims guide offers useful advice on making a personal injury claim against the restaurant for physical injury or illness after accidents on the premises.
Select a section:
- Who Could Claim For An Accident In A Restaurant?
- Examples of Restaurant Negligence Cases
- Suing A Restaurant For Negligence – How Long Do I Have?
- Suing A Restaurant – What To Do When You Get Injured At A Restaurant
- How Much Can I Claim For A Restaurant Accident?
- No Win No Fee Restaurant Accident And Illness Claims
- Call For Free Advice And To Start Your Claim.
Who Could Claim For An Accident In A Restaurant?
According to the Occupiers’ Liability Act 1957, the owner or occupier of a public restaurant must ensure the continued safety of visitors for any purposes that the owner or occupier permits. If any staff member or guest suffers a physical injury or illness due to the negligence of the restaurant operator, such incidents might lead to legal action against the restaurant. Affected restaurant staff may be eligible for liability claims or worker’s compensation in the event of accident or injury. In contrast, the guests of the restaurant can claim damage caused by an accident or illness. Common types of restaurant accidents or mishaps include:
- Illnesses due to substandard quality food and beverages or poor cookery of food.
- Slips or trip falls on slippery floors without signposts.
- Wet and slippery toilets.
- Falls due to poor railings or lights or damage to floors or furniture.
- Burn accidents due to the overheating of food.
- Physical injuries in a car park or entrance with poor maintenance.
- Allergic reactions, such as someone being exposed to Nando’s allergens while eating in the restaurant.
If you suffer from any of the above issues, this guide will provide you with an introduction to making a restaurant injury claim.
Examples of Restaurant Negligence Cases
To help clarify how restaurant injuries can happen, we have provided more explanation of what negligence is, and examples of restaurant negligence cases. well as slips and falls, poor lighting, and substandard food, you may be able to claim compensation for other accidents. Indeed, there have been cases of restaurant guests who claimed a restaurant for serving overheated food. Once the guest tried to eat the food, the high temperature caused burn injuries. Even hot food that is not consumed can cause serious accidents. Hot food spillages can hurt both the restaurant staff and the guests.
The restaurant operators are responsible for maintaining the premises’ health and safety standards and the areas immediately outside. For example, if a poorly designed or poorly lit car park causes an accident during nighttime operation, the affected restaurant guest may take legal action against the restaurant.
In all the above cases, assessing a particular incident and determining liability can be difficult. Staff members, restaurant owners, and even private landlords may all share in the responsibility. Liability, then, will vary from case to case. This is one reason why it can be so helpful to work with legal experts when pursuing a claim.
Suing A Restaurant For Negligence – How Long Do I Have?
As we discussed earlier, the restaurant duty of care to a customer means they must ensure the reasonable safety of those on their premises. We previously looked at evidence required when suing a restaurant for negligence. However, you must also start your claim within the limitation period.
This is set by the Limitation Act 1980 as typically three years from the date of the incident. However, where an injured party cannot start legal proceedings themselves, this time limit is suspended. Neither children or those who lack the mental capacity can start their own claim.
For children, the time limit is suspended until they turn 18. An indefinite time limit suspension applies to those lacking the capacity to start a claim. Should they regain capacity, they have three years from that date to start proceeding. In either of these cases, a litigation friend can start the claim on behalf of the injured party at any point during the time limit’s suspension.
If you would like to learn more about your potential restaurant injury settlement, please get in touch with our advisors. They can give you free advice about evidence that could be helpful as well as help you get your claim started right away.
What To Do When You Get Injured At A Restaurant
Suing a restaurant for injury can be a complicated matter, so we have put together a list of logical steps to help you best prepare yourself for a legal claim. We advise that you:
- Get immediate medical help for any health issues.
- Document and collect any medical records, x-rays, and doctor’s notes you are given.
- Take a photograph of both your injuries and the scene of the accident, if possible.
- Detail every expense that has occurred as the result of your accident, keeping receipts and invoices.
Once you have done this (and once you feel well enough to proceed), you can begin to think about legal action. As such, the final step which we recommend is discussing the case with a solicitor. If you are curious about the benefits of working with a legal expert, we will discuss this in a later section.
For more information on what to do when you get injured at a restaurant, contact our team of advisors today. They can offer free legal advice surrounding your restaurant accident or injury claim.
How Much Can I Claim For A Restaurant Accident?
At this point, you may be wondering how much compensation you could receive for your accident in a restaurant. Each case is unique and a payout will be judged on different factors, including:
- The extent of your pain and suffering.
- The length of recovery, if it happened at all.
- How your quality of life is affected.
A compensation payout can be split into up to two heads of loss. The main head is general damages, which accounts for physical harm and emotional suffering caused by restaurant accident injuries.
The table you can see below uses figures from the Judicial College Guidelines (JCG). This document consists of guideline compensation figures for different injuries, and it could be used by those working out the general damages element of a payout.
Compensation Table
The top entry from this document is not from the JCG, but the figures in the other entries are. Please note that restaurant accident claim payouts differ from case to case, so this is just a guide.
| Injury Type | Severity | Compensation to Claim |
|---|---|---|
| Multiple Significant Injuries And Financial Costs | Severe | Up to £250,000+ |
| Head/Brain | Moderate (i) | £183,190 to £267,340 |
| Head/Brain | Less Severe | £18,700 to £52,550 |
| Knee | Severe (i) | £85,100 to £117,410 |
| Knee | Moderate (i) | £18,110 to £31,960 |
| Leg | Very Serious | £66,920 to £109,290 |
| Leg | Serious | £47,840 to £66,920 |
| Foot | Severe | £51,220 to £85,460 |
| Foot | Modest | Up to £16,770 |
| Hand | Serious | £35,390 to £75,550 |
Special Damages In Restaurant Accident Claims
While the pain and suffering you experience after a restaurant accident could be significant, the financial effects may have an even stronger effect in the long term. For that reason, you can claim compensation under a potential second head of loss called special damages.
Compensation under this head could account for the likes of:
- A loss of earnings if you cannot work after your injury.
- Medical fees.
- Travel expenses.
- Home adjustment costs.
Evidence of these losses will need to be provided with documentation such as bank statements and invoices.
If your finances have been affected as well as your health, you could seek payment for both. Call today for insight into what compensation you could claim and learn whether one of our restaurant accident solicitors could help you towards the best possible settlement.
No Win No Fee Restaurant Accident and Illness Claims
Our solicitors can offer clients No Win No Fee services, such as a Conditional Fee Agreement (CFA) when handling their case.
This CFA provides a simple and easy way of dealing with your legal case. It can help you put aside the stress and the worry of fighting for compensation and allow a team to help you whilst at the same time reducing the financial risk of bringing in expert help. If you’d like to find out more about making a claim and what to do when you get injured at a restaurant, you can talk to our team at any time.
Call For Free Advice And To Start Your Claim
If you’re a recent victim of a restaurant accident or illness, don’t hesitate to call for expert guidance and advice. Additionally, if you suffer physical and financial damages, we’re here to help you fight your battle for compensation.
You can use the chat function on our website, claim online or you can call 0800 073 8804 to get your free legal consultation right now. We’re ready to help you with your restaurant accident claims.
Helpful Links
How Much Compensation For a Slip Trip or Fall Personal Injury Claim?
If you have a slip trip or fall in a restaurant, contact us today. From there, you can find out if you can claim compensation for your injuries.
Slipping on a Wet Floor Accident Compensation Claims
If you have slipped on a wet floor in a restaurant and want to claim compensation, contact us today for free legal advice.
Burn Injury Claims – Compensation Amounts.
Find out how much compensation you could claim for restaurant burn injuries.
Can I Claim For An Allergic Reaction After Drinking Starbucks?
This guide explains your potential legal options if you suffer an allergic reaction after having a drink from Starbucks.
Find out from our guide how much you could claim if injured by a fault chair.
Report a food problem – Food Standards Agency
Find out how to report a food problem to a local food safety team responsible for inspecting a business.
Other guides you may find useful if you’ve had an accident in a restaurant:
- Accident Claims Management
- Peanut Allergy Compensation Claims Guide – How Much Can I Claim?
- Spillage Injury Claims
- Chinese Restaurant Allergic Reaction Claims
- Claiming For A Nut Allergy Reaction
- Pub And Bar Accident Claims
- How Much Compensation For Fractured And Broken Bone Claims
- Would I Need To See A Doctor When Claiming For A Personal Injury?
- Accident In A Shop Compensation Claims
- I Slipped On Ice, Can I Claim Compensation?
- How To Make a Personal Injury Claim For An Accident on the Street
- How To Make a Bleach Burn Claim After An Accident in a Salon
- Vegan Restaurant Allergic Reaction Claims Guide
- Wedding Food Poisoning Compensation Claims
- Doormat Slip, Trip and Fall Claims
- Allergic Reaction After Eating At A Cafe – What To Do
- Gluten Allergy Claims Guide
- Read this guide to see if you can claim compensation for a broken hip
- Get help making prisoner compensation claims with our helpful guide.
