By Danielle Jordan. Last Updated 5th September 2025. For successful restaurant accident claims, it is important to prove that your illness or injury occurred due to a breach of duty by the restaurant. Such a duty of care exists on the part of the restaurant owners under the Occupiers’ Liability Act 1957, and it means not exposing the customers to any illness or injury. Some important steps in the claim process include collecting evidence, such as witness statements and photographs, and determining eligibility with the help of a solicitor.
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.
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.
4.8 (466 reviews) This restaurant accident claims guide offers useful advice on how to claim against the restaurant for physical injury or illness after accidents on the premises.
Can I Claim Compensation For A Restaurant Accident?
Yes, you can make a restaurant accident claim if you suffered an injury which you believe was down to the restaurant or its staff. To succeed, it’s necessary to show:
- The restaurant owed you a duty of care – if you’re a customer, employee, or visitor like a delivery driver, they generally do
- The restaurant breached that duty
- As a result, you suffered an injury
If you’d like to check if you can claim, get in touch with us for a free case assessment.
Who Is Responsible For A Restaurant Accident?
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 Accident Claims
Common types of restaurant accidents or mishaps include:
- Illnesses and food poisoning 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.
If you suffer from any of the above issues, this guide will provide you with an introduction to making a restaurant injury claim.
How Much Compensation 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 related to 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 | Guideline Compensation |
|---|---|---|
| Multiple Significant Injuries And Financial Costs | Severe | Up to £500,000+ |
| 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 |
| Severe Leg (ii) | Very Serious | £66,920 to £109,290 |
| Severe Leg (iii) | 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 receipts.
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.
Time Limits For Restaurant Accident Claims
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 temporarily suspended. Neither children or those who lack the mental capacity can start their own claim.
For children, the time limit can be 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 wish 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 the 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 advisory team today. They can offer free legal advice surrounding your restaurant accident or injury claim.
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.
How Can A Solicitor Help Me To Claim For An Accident In A Restaurant?
One of our solicitors can help you to claim for an accident in a restaurant by applying their years of legal education, training and experience to every stage of your case. Sometimes, people feel hesitant to sign up for legal representation and decide to make a claim without it. This is a valid route to claiming compensation, but it will require a lot more time and effort on your part.
Our solicitors provide eligible claimants with expert advice throughout the whole process. With the decades of combined experience, the legal knowledge that they apply to each case is invaluable. It is likely that you have already experienced a lot of stress due to the harm associated with your restaurant injury claim. If you work with a solicitor from Legal Expert, they provide you with the following services to help with your case:
- Communicating with the defendant to represent your interests
- Negotiating a settlement to reflect appropriate coverage for the impact you have suffered
- Explaining any legal jargon that you don’t understand
- Providing you with detail-oriented updates so you are informed at every stage of the case
Get in touch with our advisory team today to discuss restaurant accident claims and why you should consider working with one of our solicitors. You are not obligated to work with us after enquiring, so why not contact us for more details?
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.
