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How Much Compensation Can I Claim For An Accident In A Restaurant?

By Danielle Jordan. Last Updated 24th February 2023. 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.

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A Guide to Restaurant Accident and Illness Claims

Restaurant Accidents

Restaurant Accidents

A duty of care generally binds any owner or operator of a restaurant to their staff and guests. This means that the restaurant owner or operator has to take reasonable steps to ensure they observe all safety regulations, reducing the chances of suffering injuries at a restaurant during normal operations.

If there isn’t adequate maintenance of the restaurant and its facilities, it could expose people o the risk of accidents, injuries, or illnesses. In cases where the restaurant management doesn’t properly implement the health and safety regulations, visitors who suffer injuries or illnesses may have a right to compensation via you filing restaurant accident claims.

What are restaurant accident claims?

These are claims for any injuries or illnesses that occur due to an accidental situation in a restaurant. This could comprise many possibilities, and we will outline those as we progress through this guide. And we will also discuss how you can make a compensation claim.

What are Personal Injuries or Illnesses Caused by Restaurants?

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.

Illnesses Caused by Substandard Quality Food and Beverages

Even the finest restaurants in the UK can suffer from mistakes, accidents, and mishaps. Occasionally, such events may be liable for compensation. For example, if food is cooked with substandard or stale ingredients and is served to guests, the guests might suffer from food poisoning or other forms of stomach illnesses.

Likewise, when certain recipes have not been prepared hygienically, the result may be sick guests or staff members. In other cases, bad quality liquor or beverages can cause the guests to get very sick. Now, in any such event, restaurant negligence cases can be filed against the restaurant owner or operator, making the guilty parties liable to pay compensation to the victims. In addition, if the restaurant staff consume the same food and get sick, they may also claim work accident compensation. Read on for further guidance regarding restaurant accident claims.

Slips or Falls Caused by a Wet or Slippery Flooring

Spillages of food and drinks are not uncommon in restaurants, especially in restaurants frequented by children and older diners. If the restaurant managers do not take enough precautionary measures to ensure that the cleaning staff are vigilant and continuously cleaning spills or breakages during the hours of operation, such incidents can easily lead to physical injuries to staff members and guests, possibly due to a slip and fall in a restaurant. In cases such as this, the restaurant operator can be held liable and made to pay compensation to the victim of the fall.

Slips or Falls due to Poorly Maintained Furnishings and Fixtures

As outlined by the Health and Safety Executive (HSE), there can be many reasons why a slip, trip and fall accident might occur in a restaurant. Three of the most common causes are often in connection to housekeeping, walkways, design and maintenance.

Many restaurants use décor lighting to provide a sense of ambience, resulting in poor visibility. In such situations, busy staff members carrying food or careless guests can easily fall and suffer serious physical injuries. In addition, when restaurant operators do not properly maintain the premises, broken furniture, broken railings, or damaged floors can also cause serious accidents.

Often, such accidents can lead to legal action against the restaurant owner or operator. For example, if you have suffered from a chipped or broken tooth at a restaurant or other public premises, you could file restaurant accident claims for compensation. Legally, proving the restaurant operator acted negligently can mean that you are compensated for the injury and the costs it has brought.

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.

Claiming for Restaurant Accident and Illness

The issue of liability is one of the trickiest parts of any compensation claim. In matters involving restaurants, this can become even more complicated. The potentially liable parties might include the restaurant operator, the staff members, the guests, the food suppliers, the landlord of the building (if it is rented), and even the local council. In situations such as this, trying to finalise a restaurant injury settlement might seem impossible.

Essentially, the process of making a compensation claim will be about attempting to determine liability. If you have had an accident, it might be that the restaurant operator was liable due to negligent enforcement of health and safety standards. In any event, though, you could have grounds to file restaurant accident claims.

As well as the Health and Safety Executive, restaurants will also communicate with the Food Standards Agency. The FSA governs the laws and regulations which apply to businesses serving food in the UK. Their website provides a wealth of information relating to this. If you have suffered from an accident that contravenes one of their regulations, for example, you might be able to claim compensation from the restaurant. Having trained legal experts to help you can prove to be incredibly useful in cases such as this. In addition, the UK Government has made details about food hygiene available to the public.

Assessing the Severity of a Restaurant Accident

One of the driving forces behind any compensation payout will be the severity of the injury. As we will see in a subsequent section, the severity of the injury will play a large role in determining the final compensation amount, which is why it is so important to understand any injury, illness, or health concern fully.

For restaurant guests who have had an accident which they believe was not their fault, these injuries or illnesses could manifest in many different ways. Food poisoning, for instance, can range in severity. It can be an issue that passes in a day or causes issues for days, weeks, and potentially even months. Aside from the initial health problems, any such issues’ long-term and dormant effects can be complex. If you want to be certain that you are claiming the proper amount of compensation, it can help to have a full medical assessment as soon as possible.

This is why we provide our clients with a local evaluation. We arrange for an appointment with a doctor close to you. Not only does this help your recovery, but it can provide a documented breakdown of the severity of the issue, including long-term implications and complications. To hear more about this as part of your restaurant accident claims, feel free to contact our team today.

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.

Restaurant Accident and Illness Facts and Statistics

One of the key benefits of reading various restaurant injury statistics is that doing so can provide further insight into your own claim. Whether it is learning that you are not alone in suffering from a particular issue or learning about the widespread contrivances that occur, the following statistics might prove very useful to your case. These include:

  • According to the Health and Safety Executive (HSE) data, around 35% of all reported injuries to workers in restaurants happen due to slips or falls.
  • Regulations like the Workplace (Health, Safety, and Welfare) Regulations 1992 have been created to ensure that an errant restaurant owner or operator must pay compensation to staff involved in a restaurant accident, focusing on preserving employees’ rights in the workplace.
  • According to Accident Claims in Restaurants, the most common restaurant mishaps are slips, food poisoning, hot food, and beverages, causing injury to restaurant staff and guests alike.

Finding a common basis for a compensation claim can be useful. For instance, our company has a long history of dealing with such claims. If you find that you have been a party to any of the above issues, you can trust our team to help you.

Have you had a burn injury in a restaurant?

If you have had a burn injury in a restaurant, find out if you can claim compensation today. Please call our freephone number or contact us via our live chat to discuss possible restaurant accident claims. We will give you the best advice and know if you can claim compensation for your burn injuries.

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.

What can be Claimed for After a Restaurant Accident?

The following list should give you a clear idea about what you can claim during the compensation claim process. Depending on your circumstances, you may be owed one or more of the following:

  • Medical expenses – Any expense that you incurred because of the restaurant owner’s injury or illness can be claimed. This can include equipment, medicine, and visits to specialists that are not covered by public healthcare.
  • Transportation expenses – If you have been injured and need to make frequent doctor visits, the cost of train fare or petrol can be recovered.
  • Punitive damages for psychological trauma – Trauma due to the accident can have lasting effects on your mental well-being. As the trauma is difficult to quantify, a legal expert will ensure that you receive compensation for the mental anguish you had to undergo while recuperating from injuries if you win the case.
  • Expenses for post-treatment rehabilitation – Injuries – physical or mental – may force you to go for post-treatment rehabilitation. All the expenses for undergoing such programs can be claimed in your personal injury claim against the restaurant.
  • Long-term care expenses – If you had to hire a nurse or personal help, you could claim the cost of this back as part of your compensation.

Discussing your restaurant accident claims with a law firm can help to establish every single factor and can ensure that your claim provides total coverage for your injuries.

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 Much Can I Claim for Restaurant Accident and Illness Claims

You may question how much compensation you could be awarded for an accident in a restaurant. Each accident case is unique and judged on its own merits, which is why we have avoided a personal injury claims calculator. Instead, the table provided here indicates average compensation pay rates for injuries such as those you might suffer after a restaurant-related injury.

Injury TypeSeverityCompensation to ClaimInjury Description
Head/Brain InjuryModerate (i)£150,110 to £219,070Where substantial brain damage has altered mental faculties and behavioural changes are noticeable.
Head/Brain InjuryMinor£2,210 to £12,770Superficial or external head injuries with no damage to the brain.
Knee InjurySevere (i)£69,730 to £96,210Loss of function in one or both knees.
Knee InjuryModerate (i)£14,840 to £26,190Pain and long-term damage to knees.
Leg InjuryVery Serious£54,830 to £87,890This bracket covers injuries serious enough to cause permanent and severe mobility issues.
Leg InjurySerious£39,200 to £54,830Injuries in this bracket usually require prolonged treatment and there will be a lengthy period of mobility issues.
Foot InjurySevere£41,970 to £70,030Fracture of both heels or feet with restricted mobility or permanent pain.
Foot InjuryModerate£13,740 to £24,990Displaced metatarsal fractures. Permanent deformity and continuing symptoms involved.
Foot InjuryModestUp to £13,740Pain and temporary damage to the foot.
Hand InjurySerious£29,000 to £61,910Serious hand injuries that lead to reduced capacity.
Hand InjuryLess Serious£14,450 to £29,000Covers injuries such as a severe crush injury. Significantly impaired function.
Hand InjuryModerate£5,720 to £13,280Covers various injuries that may or may not lead to permanent disability.

While the above table can provide a useful estimation akin to a compensation calculator, your case might be slightly different. For a more accurate estimate for your restaurant accident claims, call us and arrange a consultation session with our experts.

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.

Faulty Chair Claims Guide

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:

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.