Burger King restaurants can be found in towns and cities across the UK, serving thousands of customers every day and employing large numbers of staff. Like all food outlets, Burger King restaurants are required to take reasonable steps to maintain safe premises and working conditions. If these duties are not met and someone is injured as a result, it may be possible to bring a personal injury claim to seek compensation for the harm suffered. To find out more about Burger King accident claims, please speak to our advisors.
Accidents and injuries in fast-food restaurants can occur in a variety of ways, including slip-and-trip hazards, unsafe equipment, and failures in workplace safety procedures. Compensation claims may also relate to food-related incidents, such as allergic reactions caused by inadequate allergen information or cases of food poisoning linked to poor food hygiene practices. Claims may involve either customers or staff, and each situation depends on the specific facts, available evidence, and whether reasonable safety and food standards were followed at the time
Our team can answer questions that arise when reading this guide. We can also offer a free eligibility check and tell you in one short phone call if you have a valid claim. Contact Legal Expert today using the details provided here:
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Can I Claim Compensation After An Accident In Burger King?
It may be possible to pursue a claim following an accident in a Burger King restaurant if there is evidence that reasonable safety standards were not upheld. Those in control of public premises are generally expected to take appropriate steps to reduce foreseeable risks to visitors, in line with their duty of care. The requirement to ensure your reasonable safety is legally bound by the Occupiers’ Liability Act 1957 (OLA)
Further below, we explain some common situations in which injuries may occur in a fast-food restaurant environment. However, before any compensation can be considered, certain general eligibility criteria must be met.
To pursue a public liability or workplace injury claim, the following must usually apply:
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A duty of care existed
The restaurant operator (such as Burger King or the relevant franchisee) must have owed you a legal duty of care. In practice, this means taking reasonable steps to protect the health and safety of employees, contractors, and visitors while they are on the premises. -
That duty of care was breached
It must be shown that reasonable safety standards were not met. This could involve issues such as inadequate training, failure to deal with known hazards, unsafe working practices, or avoidable operational errors. Evidence is required to demonstrate how safety obligations were not properly followed. -
The breach caused injury or illness
You must have suffered a recognised injury or illness as a result of the alleged breach of duty. This may include a physical injury, an illness such as food poisoning, or psychological harm. Medical evidence is usually required to confirm the injury and establish a link between the incident and the harm suffered.
Meeting these criteria does not guarantee compensation, but they form the legal basis on which a claim may be assessed. To find out if you could make a claim against a Burger King restaurant, please contact our advisors today.
Workplace Burger King Accident Claims
Yes, Burger King staff can make an accident at work claim if they are injured because their employer failed to keep them reasonably safe while at work.
Under UK law, employers have a legal duty to protect employees’ health, safety, and welfare. This duty is primarily set out in the Health and Safety at Work etc. Act 1974, which requires employers to take all reasonably practicable steps to prevent workplace injuries. Additional obligations are set out in regulations such as the Management of Health and Safety at Work Regulations 1999, which require proper risk assessments, and the Provision and Use of Work Equipment Regulations 1998 (PUWER), which require work equipment to be safe, maintained, and used by trained staff.
This duty includes properly maintaining kitchen equipment, providing adequate training, carrying out risk assessments, and ensuring staff are not asked to perform unsafe tasks. If an employee is injured because equipment was faulty, safety procedures were not followed, or they were not given the correct training or supervision, they may be entitled to claim compensation for their injuries.
You can find out if you are eligible to seek compensation as well as inquire further about the claims process by talking to our advisors today.
What Are The Main Types Of Accidents That May Happen At Burger King?
Many types of accidents can occur in a fast-food restaurant, including slips, trips, and falls; incidents involving kitchen equipment or machinery; and burns or scalds from hot food and liquids. We’ve given several examples in this section, but to find out about claiming in your particular circumstances, speak to our advisors today.
Slips, Trips And Falls
Slips, trips and falls are some of the most common injuries across all settings. Both customers and employees could be injured by hazards such as wet floors, trailing leads, broken steps or clutter obstructing walkways and exits.
Burns And Scalds
A lack of health and safety training or faulty equipment could result in kitchen staff being burnt or scalded by ovens or hot menu items. Burn injuries caused by a hot drink are also a risk. Customers can be seriously injured if drinks are heated to above safe temperatures and lids are not properly secured.
Injured By Cutting Equipment
Cutting equipment such as vegetable slicers and other food processing machines can result in serious injury if the right precautions are not taken. For example, you could badly cut your finger or suffer laceration wounds to your hands while using a slicing machine if the hand guards have not been put in place.
Food Poisoning
Food poisoning is generally a mild illness caused by undercooked or contaminated food. However, it can be quite serious in some circumstances. If kitchen staff have stored meat improperly or allowed raw meat to contaminate food preparation surfaces, customers could fall ill. You may be eligible to make a food poisoning claim if you can show that poor food hygiene standards were the cause of your illness.
Allergic Reactions
Allergens should be clearly labelled on menus and kitchen staff should avoid cross-contamination where possible. A claim could be made if you experienced an allergic reaction to food items that weren’t properly labelled, or the kitchen failed to uphold hygiene standards. A food allergy can range from mild irritation to life-threatening anaphylaxis, so it is very important that Burger King clearly label allergens on all menu items and maintain high food hygiene standards.
We’ve covered a lot of ground here and therefore we fully expect you to have questions about Burger King accident claims. You can speak to one of our friendly advisors at any time for further details. The team can also provide a free eligibility check in as little as a few minutes.
What Compensation Could I Be Entitled To?
You could be entitled to compensation for both the injuries themselves in addition to any related financial losses. Your physical injuries, and any psychological distress, is compensated under general damages. Costs that are incurred due to this harm are compensated under special damages, but more on this below.
Solicitors can use the Judicial College Guidelines (JCG) alongside any medical records to help them calculate a possible general damages figure. Our solicitors are no exception, and therefore, we have used the JCG figures to create this table.
Compensation Table
Please be aware that this information is intended as guidance only and that the top entry is not a JCG figure.
| Type of Injury | Severity | Guideline Payout Figure |
|---|---|---|
| Multiple Very Serious Injuries with Special Damages | Very Serious | Up to £500,000 + |
| Head Injuries and Brain Damage | Moderate (b)(ii) | £110,720 to £183,190 |
| Moderate (b)(iii) | £52,550 to £110,720 | |
| Scarring to Other Parts of the Body | Burns Covering 40% or More of the Body | Likely to exceed £127,930 |
| Skeletal Injuries | Fractures of Nose or Nasal Complex (i) | £12,990 to £28,220 |
| Fractures of Nose or Nasal Complex (ii) | £4,820 to £6,230 | |
| Ankle Injuries | Severe | £38,210 to £61,090 |
| Moderate | £16,770 to £32,450 | |
| Knee Injuries | Moderate (i) | £18,110 to £31,960 |
| Moderate (ii) | Up to £16,770 |
Could My Compensation Cover Special Damages?
Yes, where the eligibility criteria are satisfied, and the claim is successful, compensation may also extend to special damages arising from an accident in a Burger King. Examples of such costs have been set out here:
- Loss of earnings.
- Transport expenses.
- Medical bills.
- Care and other support.
- Home adaptations.
You’ll need some supporting evidence of these costs in order to claim compensation so make sure you hold onto your payslips, and other documents such as care bills, bus and train tickets and any purchase receipts as proof.
A more personalised idea of what your potential claim against a Burger King restaurant could be worth, in addition to a free eligibility check can be provided by our advisors. Speak to our team today using the contact information given below.
How Can I Prove Fault For An Accident That Happened In Burger King?
To prove fault for an accident that happened in a Burger King, you must show that the restaurant owed you a duty of care as a customer, that this duty was breached because reasonable steps were not taken to keep the premises safe, and that this breach directly caused your accident and resulting injuries. This is usually done by relying on evidence such as CCTV footage, accident report records, photographs of the hazard, witness statements, and medical evidence linking the unsafe conditions in the restaurant to the harm you suffered.
Prioritise Your Health
Prioritising your health and getting the required medical care is perhaps the most important step. While it is sensible to seek medical attention for any injuries, it is especially important for burns, suspected head wounds and allergic reactions. Your health and wellbeing is vitally important to us, but by seeking prompt medical care you are also creating evidence. Your medical records are a very useful way of showing what harm was sustained and how serious it was.
Gather Supporting Evidence
Gathering supporting evidence is crucial in showing that it was the Burger King restaurant that was at fault for your injuries. Possible examples include:
- The medical records from any treatment you underwent. Think examination notes from your consultations, the results of any bloods or other tests and copies of things like X-rays or MRIs.
- CCTV footage from the restaurant can be used to show how the accident unfolded.
- Photographs of your injuries, the surrounding area and the cause of the accident should be taken. If you are unable to do this yourself due to your injuries, someone else can do this.
- For an accident at work, a report should be made in the workplace accident book as a formal record of what took place. Once again, if your injuries mean you cannot do this yourself, another colleague can make the report. The designated first aider should then check the report to ensure all the correct information is present.
You can get support gathering evidence from one of our highly experienced personal injury solicitors. Gathering thorough evidence as soon as possible after the accident only strengthens your claim so speak to one of our advisors as soon as possible.
Report The Accident
Reporting the accident in the accident book as an employee or informing staff as a customer creates a formal record of what occurred. Any report should be made as soon as possible after the accident. If your injuries prevent you from making the report yourself, someone else can do so.
Track Your Symptoms
Maintain a diary during your treatment, tracking your symptoms and mental state. This is a good way to show how the accident has affected you and adds a more human dimension to your supporting evidence.
Get Legal Advice
Legal Expert can offer free, no-obligation advice to anyone who contacts us. While our advisors can answer general questions, you’ll need an eligibility check before we can connect you with a solicitor. This will take just a few minutes, and you can then get legal advice from a trained legal professional. By speaking to a solicitor, you’ll get a better idea of how the claim will progress, what compensation you could receive and benefit from the knowledge and skills of someone who is highly experienced in their field of practice.
The Time Limits To Claim After Being Injured In Burger King
The time limit to claim after being injured in a Burger King is 3 years after the date of the accident, as per the Limitation Act 1980, for the majority of claims. That said, certain exceptions to the limitation period may apply. So, to make sure any claim is being made within the correct limitation period, speak to our advisors about claiming in your particular circumstances today.
How Legal Expert Can Help You Make A No Win No Fee Claim
Legal Experts can help you to make a No Win No Fee claim by providing a free, no obligation eligibility check and answering any questions you have about the claims process. Our solicitors are some of the best in the business with years of experience and long lists of satisfied clients.
Here are a few of the ways our personal injury experts can support your claim and assist you throughout the process:
- Assisting you with evidence collection.
- Helping to break down the legal language barrier and explain all the tricky terms you will encounter. You can also view our legal glossary here to help you bust some jargon.
- Calculating a compensation figure, taking into consideration your loss of income and other costs.
- Communicating with the defendant’s representatives and informing you of how the claim is developing.
- Reaching a final settlement agreement that reflects the harm you have sustained.
Our solicitors may be able to act for you under a No Win No Fee agreement, formally known as a Conditional Fee Agreement (CFA). This type of funding arrangement means you are not usually required to pay your solicitor’s fees upfront or as the claim progresses.
If your claim does not succeed, you generally will not be required to pay your solicitor’s fees. However, if your claim is successful, your solicitor is entitled to charge a success fee. This fee is calculated as a percentage of your compensation and is deducted before the remaining balance is paid to you.
Under The Conditional Fee Agreements Order 2013, success fees in most personal injury claims are capped at 25% of certain elements of compensation, meaning the majority of any compensation awarded should remain with you. Your solicitor will explain the exact terms of the agreement, including any potential deductions, before your claim proceeds.
Contact Our Solicitors
You can begin by requesting a free eligibility check with one of our advisors. They can answer any questions you may have and, after asking a few brief questions, let you know whether you may be eligible to make a claim.
If you appear to have a valid claim, you may then be introduced to a specialist solicitor who has experience handling claims of a similar nature.
Contact Legal Expert today using the details provided here:
- Call us on 0800 073 8804.
- Contact us online by completing a callback form.
- Open the live chat on your screen now.
Learn More
You can see more of our personal injury claims guides here:
- Read our guide to hand injury claims and find out how compensation is calculated.
- Learn more about claiming after being injured by a jagged object in the workplace.
- See if you could be eligible to make an electric shock claim by speaking to our advisors today.
We have also provided some more resources here that we hope are of some help to you:
- The NHS has published this guidance on providing first aid to injured persons.
- View the Health and Safety Executive materials on managing risks in the workplace.
- Read the government information on claiming Statutory Sick Pay (SSP) if you are unable to work.
Thank you for taking the time to read our guide on Burger King accident claims.
