Last Updated 3rd March 2026. Visiting a restaurant is an opportunity to relax, enjoy a meal with loved ones, or celebrate special occasions. You shouldn’t have to worry about your visit being cut short by an injury or food poisoning, yet these incidents can occur when establishments fail to keep guests reasonably safe. Whether you suffered food poisoning or sustained an injury, you may be able to make a restaurant accident claim if you can show that the eatery’s negligent actions caused you harm.
Key Takeaways
- Restaurant accident claims often arise from slips on spilt drinks or grease, collapsing or faulty furniture, and burns from scalding liquids or overheated hot plates
- You can also pursue compensation if you experienced an allergic reaction due to mislabelled dishes or suffered food poisoning caused by poor kitchen hygiene
- Compensation can be sought for any injuries sustained in the restaurant accident, ranging from concussions and fractures to kidney damage resulting from E. coli
- Alongside your pain and suffering, you can also pursue compensation for the financial repercussions of your restaurant injuries, such as lost income, medical expenses, and therapy costs
- A No Win No Fee solicitor could help you seek restaurant accident compensation without charging upfront or ongoing service fees for their work
You can speak with our advisors today to find out how to claim. This is an opportunity to access tailored advice and address any questions you have about the legal process for making a restaurant accident claim. You may be connected to one of our solicitors, who can guide you each step of the way. Our advice is offered free of charge and with no strings attached, and you have nothing to lose by getting in touch.
4.8 (466 reviews) Can I Claim Compensation For A Restaurant Accident?
Yes, you can claim compensation for a restaurant accident if the injuries you sustained were directly caused by the establishment’s failure to keep you reasonably safe while visiting. It can be difficult to understand the different aspects of the claim criteria, so you can read a straightforward explanation of what you need to meet:
- A restaurant owed you a duty of care: Those in control of public spaces like restaurants owe a duty of care to visitors. This refers to a legal obligation third parties have toward the safety of others. For those who own or operate a restaurant, this means upholding the Occupiers’ Liability Act 1957 by taking practical steps to ensure the reasonable safety of visiting guests, such as regular maintenance checks and floor inspections.
- They failed to meet their duty: A failure to comply with a duty of care is known as a breach. Restaurants can fail to meet their legal health and safety responsibilities in various scenarios. Common examples include failing to post wet floor signs after hazardous spills, serving meals containing major allergens not listed on the menu, and failing to maintain furniture and fittings.
- You were harmed: As a result of the restaurant’s negligent actions, you must have suffered some kind of harm. This could apply to physical injuries, such as fractures, food-borne illnesses like Salmonella, or life-threatening anaphylaxis. You can also claim for any psychological harm experienced because of the restaurant incident, including post-traumatic stress disorder, anxiety, and depression.
After reading our criteria, you may still be unsure whether you can make a restaurant personal injury claim. There is no need to figure this out for yourself, as our advisors can do this for you. Get in touch with them today for a free initial consultation.
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 workers’ compensation in the event of an 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, 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 contains guideline compensation figures for different injuries and 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 impact 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.
4.8 (466 reviews) Time Limits For Restaurant Accident Claims
As we discussed earlier, the restaurant’s duty of care to a customer means they must ensure the reasonable safety of those on their premises. We previously looked at the 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 nor 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 doctors’ 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 a 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 through 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.
