How Much Compensation Can i Claim For A Burger King Accident?
If you are looking to make a Burger King accident claim, you are doing so after being hurt at a Burger King restaurant. Whether you are a customer of the fast food giant or an employee, you can make a no win, no fee personal injury compensation claim with Legal Expert.
The fast-food business in the UK is big business with 56,638 in England alone, with around 500 Burger King restaurants. Although they have a large global network of restaurants, in the UK, Burger King has always lagged behind McDonalds and KFC.
But in 2017, they started to emerge as a contender with acquisitions of well known high street food brands such as Pret a Manger. Eating out says Burger King, is a growing sector and one that they have no intention of being elbowed out of. But fast food doesn’t always enjoy the best press. From people finding mouldy burgers in their buns to customers and staff claiming for injuries as a result of poorly maintained restaurants and kitchens, there are more personal injury claims against fast food restaurants than you think.
As well as slips and trips at Burger King, there are cases of customers claiming compensation for food poisoning, caused by eating poorly cooked, stored or processed food products. There have also been cases of employees burnt by boiling fat, cases that have long-term implications for those affected.
There has been many an accident at Burger King that has resulted in compensation claims for injuries. From slips to burns, food poisoning to being hurt when chairs or tables collapsed, this guide to making a claim for your Burger King accident has everything you need to know.
Select a Section
- What are the main types of accidents at Burger King?
- Fast food restaurant health and safety considerations
- Burger King accident claims: Slips and trips and falls
- Can I claim for a Burger King burn injury?
- The most common kitchen accidents at Burger King that result in an injury
- Claiming for slip, trip or fall Burger King injuries in a kitchen
- Illness caused by Burger King food poisoning or substandard foods and drinks
- What can I claim after a Burger King accident or illness?
- No win no fee Burger King accident and illness claims
- How much can I claim for a Burger King accident claim?
- Why choose us for your Burger King accident claim?
- Call us for free advice and to start your claim
A guide to Burger King accident claims
Starting life in America in the early 1950s, the Burger King as we know it today came about as a major restructuring in 1961. It continued to grow in America for many years, creating its own niche against big brands such as McDonald’s.
Like other fast food restaurants, Burger King operates as a franchise. In other words, other companies and individuals buy into the product and with the licence to use the company logo, brand etc. There is still a connection between the main body and the franchisee. In the case of Burger King, any personal injury claims against it will be against the franchisee operating the business under the guise of the Burger King brand.
A franchise does not alter the health and safety requirements of the catering and hospitality company to its staff and customers. The law remains in place and is clear: Burger King must take all reasonable steps to ensure that its premises are safe, as well as the food it serves, so that staff and customers are free from risk and hazards. And where hazards are identified, all reasonable steps are taken to ensure people’s safety.
Unfortunately, this has not always happened, resulting in compensation for an accident in Burger King claims, not just for customers, but for employees too.
There are many different kinds of accidents that can happen at Burger King. What follows is NOT an exhaustive list of accident and injuries, merely an example from real-life Burger King accident claims, as well as cases involving other fast food restaurants;
- Slips, trips and falls – of all accidents, these group is possibly the most prevalent. These kinds of accidents can happen to both staff and customers, something that has been shown in recent compensation claims. There are incidents of customers slipping on newly-mopped floors but the warning hazard signs not being deployed to warn them of the risk. Slips happen in food preparation and kitchen areas too, leading to serious injuries.
- Burns – for Burger King staff working in the kitchens, the possibility of being burnt with hot, boiling fat is a distinct possibility. As well as taking care, staff should be trained in all aspects of working safely with fat, its disposable etc., as well as what to do in a first aid incident or when there is a fire. Fat is a volatile product with Burger King burns injury cases from previous years highlighting the distressing nature of the injuries. Burns and scalds leave permanent physical and emotional scars.
- Cuts – as a member of staff, you are probably expected to work not just with sharp knives but other cutting equipment at Burger King. Machinery and equipment need to be well-maintained in order to be safe to use and as a staff member, you too should be trained in how to use the equipment safely. But accidents do happen and sometimes, the smallest of cuts can be so deep that they cause ligament damage. It may also be possible to lose fingers. If this is the case, you may well have a claim for personal injury compensation against your employer.
- Food poisoning – Food poisoning claims may also be possible if it can be proven that the conditions in which the food that you ate was poorly prepared and kept and./or cooked in unsafe conditions. Hygiene in the kitchen is essential, with Food Safety Training paramount for all staff. This doesn’t always happen, resulting in Burger King food poisoning compensation claims.
There are other cases in which people have claimed for injuries as a result of poorly maintained furniture collapsing.
To prevent accidents and injuries, fast food giants such as Burger King are expected to follow stringent health and safety laws and practices. This includes ensuring staff are correctly trained as well as;
- Registering the premises as a food outlet with the local council – this ensues regular inspections by the food and environmental team.
- The building and its contents meet legal requirements – from the correct equipment to the way the building is maintained, there are certain regulations that must be met, such as fire exits not being blocked.
- Awareness of the main Food Law requirements – to avoid food poisoning Burger King should ensure that all of its staff are trained in food safety, and to a high standard too.
- Paperwork – from an on-site accident book to record slips, trips, burns and other accidents and injuries, to maintaining accurate records of suppliers and orders made, the paperwork behind a fast food or any food outlet business needs to be maintained in accordance with regulations.
- Accurate descriptions – labelling of food and accurate descriptions on menus is essential. Food intolerances and allergies are better understood but customers (and staff) can only make the right choices for them if they know what ingredients are in the finished products. For example, are common allergens in food highlighted, e.g. nuts or milk? There are examples of cases being brought by families for compensation after allergens were no disclosed leading to a serious shock reaction. In some tragic cases, anaphylaxis proved deadly.
Slips, trips and falls are common accidents leading to injuries such as ligament damage to broken bones. There are also cases of people who have slipped and fallen that also include whiplash claims, as well as head injuries. For those who have fallen from a height, the consequences can be severe and long-term.
Customers and staff can suffer from a slip, trip or fall. For example;
Staff – the kitchen floor should be clean and kept clean during service. When spills of food or liquids occur, these should be cleared away immediately. This may mean mopping the floor. If this is the case, as well as hazard signs, staff should be clearly communicating with each other about the wet floor.
Unfortunately, a member of Burger King staff was seriously burnt by boiling fat when he slipped and fell on a wet floor, tipping a vat of hot fat over him as he fell. His colleague who pulled him from the hot fat received severe burns to his hands. Alongside other failings, it was noted in this Burger King burn injury case that the footwear was unsuitable for use in the kitchen.
The flooring material also meant it was very slippery when wet and when combined with poor footwear and the distance the staff member had to walk with hot fat, the company faced a hefty bill for legal costs and a fine, totalling nearly £180,000.
This is just one example. If you have slipped, tripped or fallen whilst working at Burger King, and have been hurt, you may have a claim for personal injury compensation.
Customers – like most customers, when you visit a Burger King, you expect to be safe. What you don’t expect is to walk into the fast food outlet and slip or trip, and end up hurt in the process.
But this can and has happened. It could be tripping over stock left out or slipping on a newly mopped floor. Even with hazards signs out on the floor, if the floor quality is poor, with the top surface material being too slippery when it is mopped, clearly this is not appropriate.
Slip, trip and fall Burger King injuries can have serious and long-term effects on your physical health. Even when injuries heal completely, they can still be a ‘nuisance’, such as pain or aching. A minimally displaced write fracture can attract an award of £2,675 to £3,600, with more complex wrist injuries, leading to a loss of use, for example, attracting compensation in excess of £45,500.
Burn injuries are common for anyone working in the hospitality can catering industry, even when care is taken. But burn injuries can affect customers too.
Staff with a Burger King burn injury could be entitled to compensation if is it proven that not only did the franchise have a duty of care, they breached this duty of care which resulted in your being hurt, in this case, burnt or scalded.
Previous cases have been highlighted the dreadful consequences of being burnt. In Manchester, one staff member received life-changing burns from hot fat and their colleague, stood close to them as the accident unfolded, also received burns to her leg and foot. Both victims required skin grafts, a procedure that is painful.
But customers may also have a Burger King burn injury claims as a result of consuming food and drink that was too hot, and their attention not drawn to it. On one hand, if you order a hot meal you expect it to be that: hot.
What you don’t expect is for the food to have pockets of boiling fat in it that cause a severe burn to your skin or mouth. There have been cases of this happening, and although the burns may heal, there still may be a claim for compensation.
Burns are not the only injuries that can result from an accident in a commercial kitchen. Manual handling injuries is a broad category that covers injuries such as;
- Cuts – from sharp knives as well as automated cutting equipment
- Dishwashing – most commercial food outlets will have some kind of automated pot washing machines. As well as scalds from steam, workers can suffer injuries from overladen trays, lifting and so on. You should be trained how to use the dishwasher and the equipment should be in good working order.
- Mixers – as well as being properly maintained, you should be trained how to use them safely and all guards should be in working order and used during operation.
- Storage areas – they should be kept clean and tidy, with constant vigilance and identification of hazards. Walk-in cold store rooms should have an anti-lock-in system in operation too.
- Cleaning – the cleaning regime should be thorough to prevent food contamination but also conducted in a way that is safe, e.g. slippery surfaces and so on. Staff should also be trained to use the right chemical cleaner so as not to leave chemical residue on equipment and food preparation surfaces that may lead to food poisoning or worse.
- Rubbish removal – again, this has many hazards from overladen rubbish bags to slippery surfaces around outside refuse bins and more. Emptying food preparation bins etc. should be part of the stringent cleaning regime so that bins don’t become too full.
It may be possible to claim for slip, trip and fall Burger King injuries if it is deemed that Burger King failed in their duty of care and you were hurt as a result. For example, are staff given non-slip footwear and are floors maintained well? There may also be questions as to why floors that become excessively slippery when wet are not replaced.
Food poisoning Burger King claims may be possible if it can be proven that the restaurant was the source of the food poisoning.
Food poisoning can be severe or mild depending in the cause and it may be possible to seek compensation. Symptoms can vary but in the main, feeling sick, vomiting, diarrhoea (which may contain blood or mucus), stomach cramps (sometimes quite severe), lack of energy, loss of appetite, a feverish temperature and aching muscles are all signs of possible food poisoning.
Food poisoning, also known as toxicosis when severe, can start within hours of eating contaminated food. Symptoms, such as pain and cramps, can last for weeks and can result in compensation claims of between £700 and £3,300.
In very severe cases, the pain and discomfort may be so acute, that not only will it mean time in hospital receiving medical care, it can mean months of rehabilitation and recuperation. In severe cases such as this where there has been a significant impact on the enjoyment of life, the compensation award can be in excess of £29,000.
Compensation for an accident at Burger King, including burns, will revolve around what happened and the injuries you received. It will also address whether the impact of the accident is expected to have a long or short-term impact on your life.
It may also be possible to claim costs incurred that you think are as a direct result of being ill or injured. You will need to keep receipts of expenses too.
But to take full advantage of your award, you need a no win, no claim solicitor.
A no win, no fee agreement essential means that if you lose your claim against Burger King, you will not end up with a large bill for legal costs.
But you need to check the detail of the no win, no agreement carefully, as some solicitors will charge some legal fees in the event of an unsuccessful claim. With this in mind, at Legal Expert, our specialist panel of solicitors only offer their services on a 100% no win, no fee basis. That means you know you can trust us to manage your case for compensation for an accident at Burger King.
There are various levels of compensation for certain injuries, depending on the nature of your injuries and their severity;
|Minor eye injuries||£1,675 to £3,000||Possibly caused by splashing a cleaning fluid in the eye, although the injury will clear up in a few weeks and is considered minor, if there has been a failing in health and safety, you may be able to claim compensation.|
|Food poisoning||£7,250 - £14,600||Serious but short lived with no lasting effects, the symptoms may persist for 2 to 4 weeks.|
|Minor neck injury||Up to £1,860||Soft tissue damage resulting from a slip, trip or fall. Full recovery within three months.|
|Moderate hand injury||£700 to £3,300||Includes a deep laceration where there may be some kind of low-level residual damage (e.g. scarring)|
|Serious burns||In excess of £79,700||Serious burns can lead to lifelong pain, as well as prominent scarring. This award would include psychological impact too.|
Your no win, no fee solicitor would advise you on your case and what injuries you could claim for. Compensation claims for personal injuries can be complex as injuries don’t fit neatly into boxes. In other words, as well as claiming for physical injuries, there may be psychological impacts to take into account within the award too.
Claiming compensation for an accident at Burger King can be complex. Cases can take months to resolve. And even with a no win, no fee solicitor on your side, you need to be confident that the company helping you to manage your claim has the experience and know-how to do so.
Trust is key and with Legal Expert, you know you can trust us to deliver the service we say we will. We will help you to find the best solicitor with experience of dealing with personal injury claims like yours.
And, of course, there is the guaranteed no win, no fee structure that means you won’t pay anything if you lose your case. But, with our assessment process, we make sure that when we take your case forward, we are confident that you have a successful Burger King accident claim.
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Burn Injuries are common in the workplace, especially for food preparation and catering establishments.
Food poisoning, the symptoms of, as well as how food contamination happens is covered here.
It is important to treat burns correctly when they first happen – this gives basic advice.