McDonald’s is one of the most popular fast food franchises in the UK with locations across the country. While we turn to fast food restaurants for the convenience and low prices, we nonetheless expect safety standards to be maintained. When safety standards aren’t met, customers and staff can suffer avoidable injuries. This guide to McDonald’s accident claims explains your rights and how to begin a compensation claim.
Key Takeaways
- Any restaurant must ensure its customers are safe while visiting its location.
- Employees of the restaurant are also entitled to safe working conditions and could potentially claim compensation if injured while carrying out their duties.
- Slips and falls, scalds from hot liquids and food poisoning are all potential harms that could be caused if a franchise does not uphold its legal responsibilities.
- Legal Expert’s dedicated public liability solicitors could help you to make a personal injury claim against McDonald’s after an accident at one of their locations, offering eligible claimants very desirable No Win No Fee terms.
- Our dedicated advisors can provide further information on claiming against a fast food vendor and offer a free eligibility check at a time that suits you.
To find out more about starting a public liability claim against a restaurant, speak to us today using the contact information provided here:
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Can I Claim After A McDonald’s Accident?
Yes you could claim after a McDonald’s accident if you can demonstrate with clear evidence that the restaurant failed to keep you safe. As a party in control of a public area, the management of the McDonald’s restaurant are referred to as an “occupier.” Occupiers owe a duty of care, a legal responsibility for the wellbeing of others, to anyone who visits their location under the Occupiers’ Liability Act 1957.
The law requires that all occupiers take steps to ensure the reasonable safety of visitors to the premises. This can include measures such as placing wet floors and other warning signs, maintaining all fixtures and fittings, and ensuring all customer-accessible areas are free from hazards, such as broken floor panels.
In summary then, you could make a personal injury claim against a fast food vendor if you can show the following:
- You were owed a duty of care by the restaurant.
- There was a failure to take steps to ensure your reasonable safety, therefore breaching this duty.
- That failure resulted in an accident in which you suffered injuries.
For a free eligibility check, or more information about the McDonald’s accident claims process, speak to our advisors today.
What Accidents Could Occur In A Fast Food Restaurant?
Accidents such as slips and falls, electric shocks, falling objects and burns due to hot beverages could all occur in a fast food restaurant due to inadequate health and safety procedures. We have set out a few example scenarios for you here:
- Your coffee had been heated to well above the safe temperature due to an issue with the restaurant’s coffee machine. The hot liquid spilt onto your hand and arm causing a serious burn.
- A loose floor tile caused you to slip and fall while returning your tray, and hit your elbow on a table corner, causing a major fracture. It became apparent that multiple staff members had reported the hazard but no action had been taken to rectify it.
- A faulty light fitting in the restaurant’s toilet gave you a significant electric shock.
- Despite reports from staff that a screen by the tills was coming loose from its mounting and needed to be repaired, the restaurant managers failed to take action. While you were waiting for an order, the screen fell away from the wall and landed on your head, causing a major concussion.
Other accidents could, of course, arise, so to learn more about starting a claim in your specific circumstances, speak to one of our advisors today about finding out if you could make a personal injury claim against McDonald’s.
Can I Claim For Food Poisoning Or An Allergic Reaction At McDonalds?
You certainly could if you can prove that the restaurant failed to ensure your safety. Food vendors must clearly label their menus with known allergens in a way that is clearly visible to consumers. Appropriate food hygiene standards should be maintained during the preparation, storage of all consumables. If these standards are not maintained by the restaurant’s staff, you could experience food poisoning or an allergic reaction.
- Food poisoning: An illness caused by bacteria on undercooked, and improperly stored or prepared food. Symptoms can include general nausea and vomiting, a high temperature and diarrhoea. Food poisoning can be extremely serious, especially in cases where the vomiting is frequent enough to cause dehydration.
- Allergic reaction: Allergies can vary greatly in severity, from mild symptoms such as itching, a runny nose and coughing, to life-threatening consequences such as anaphylaxis.
If you experience either of these potentially serious conditions as a result of eating in a fast food restaurant, then you could be entitled to compensation. Speak to our advisors today via the contact information given below to learn more about claiming compensation for food poisoning or an allergic reaction.
Can Employees Claim Against McDonald’s?
Yes, employees can also begin personal injury cases against McDonald’s if they are injured while at work. Under the Health and Safety at Work etc Act 1974, employers must take reasonable steps to keep their workers safe. What amounts to “reasonable steps” will vary depending on the work being carried out, but the Health and Safety Executive (HSE) offers extensive guidance on this topic.
The HSE is the UK’s independent regulator for workplace health and safety and publishes regularly on topics including managing risk and providing the right training and supervision to help employees meet the legal requirements.
Some examples of employee injuries in a fast food restaurant have been provided below:
- Slips, trips and falls due to damaged flooring, spills in the kitchen or a lack of wet floor signs.
- Injuries sustained from damaged kitchen appliances or a lack of personal protective equipment (PPE), particularly burn injuries due to hot ovens and fryers.
- Employees could also sustain crush injuries due to falling objects or damaged loading equipment.
Essentially, if McDonald’s breaches its duty of care, accidents may result regardless of whether you are an employee or a customer. Speak to an advisor for more information about McDonald’s accident claims and how liability is assessed.
What Should I Do If I’ve Had An Accident At McDonalds?
If you’ve had an accident at McDonald’s, you should first get the necessary medical treatment and ensure that the incident has been reported. The key steps to take have been set out under the headings below. As always, if you have questions or would like to get your free eligibility check, speak to a member of our team today.
Get Medical Help
There’s no beating around the bush, getting medical attention is the number one most important step following any accident, even if your injuries seem minor. Your health and wellbeing are, of course, our primary concern, but as we’ll explore below, your medical records can be used as evidence in a potential claim.
Gather Evidence
Once treatment has been administered, evidence can be collected. Some examples of which can include:
- CCTV of the accident taking place.
- Photographs of your injuries, the accident scene and its cause.
- Records from the restaurant highlighting a lack of maintenance or suitable training.
- Evidence of any financial losses that have been sustained.
- The contact information of potential witnesses so they can be interviewed during the claims process.
Record The Day-To-Day Impacts
Maintaining a diary during your treatment and throughout the claims is a good way of recording how the accident has affected your life. Pay particular attention to your mental state, as well as any symptoms you experience.
Seek Legal Advice
Legal Expert’s dedicated advisory team can offer free legal advice and tell you if you have a valid claim in just a few minutes. If you meet the requirements, you’ll be put through to one of our dedicated personal injury solicitors. Consulting a legal professional will be a great help to you, as they can advise you on the likelihood of compensation, assist you in collecting the right evidence, and negotiate on your behalf. You can see more about what our solicitors can do for you towards the end of the guide.
Pay Attention To The Time Limits
Typically there is a 3 year time limit to make a personal injury claim per the Limitation Act 1980, however certain exceptions will apply. You can inquire further about the limitation period for your particular case, learn more about gathering evidence and find out if you could make a fast food restaurant accident compensation claim by talking to our advisors today about making a claim against McDonald’s.
How Much Can I Claim For My Accident?
How much compensation for a restaurant accident you could receive will depend on your injuries’ severity so it’s important to seek the advice of a personal injury lawyer.
There are two heads of claim under which compensation can be determined in personal injury claims. These are:
- General damages: compensation for the actual injuries sustained, including psychological distress.
- Special damages: payments for associated financial losses, but we’ll examine this in more detail further down.
To calculate possible general damages, solicitors can refer to your provided medical evidence, in conjunction with the Judicial College Guidelines (JCG). This publication contains the guideline compensation brackets for different injuries, a selection of which have been used in this table. It is important to note that the first entry is not a JCG figure.
Compensation Table
Please be aware that this information is intended as guidance only.
| Type of Injury | Severity | Guideline Payout Figure |
|---|---|---|
| Multiple Very Serious Injury with Special Damages including Lost Pay, Travel Expenses and Care Costs | Very Serious | Up to £500,000 + |
| Brain Damage | Moderate (c)(ii) - Greatly Reduced Ability to Work | £110,720 to £183,190 |
| Moderate (c)(iii) - Impact on Concentration and Memory | £52,550 to £110,720 | |
| Epilepsy | Established Petit Mal | £66,920 to £160,360 |
| Elbow Injuries | A Severely Disabling Injury (a) | £47,810 to £66,920 |
| Less Severe Injuries (b) | £19,100 to £39,070 | |
| Digestive System | Non-traumatic (b)(i) - Severe Toxicosis with Acute Pain and Vomiting | £46,900 to £64,070 |
| Non-traumatic (b)(ii) - Serious but Short Lived Food Poisoning | £11,640 to £23,430 | |
| Scarring to Other Parts of The Body | A Number of Noticeable Laceration Scars or One Single Disfiguring Scar | £9,560 to £27,740 |
| No Significant Internal Injury | In the region of £10,550 |
Could My Compensation Cover Other Damages?
Yes, your compensation can cover other damages. As we said above, special damages can be awarded for the financial harm caused by your injuries. Special damages can be paid out for both past and future losses so it is very common to see such payouts be a lot higher than the associated general damages.
Examples of cost you could be compensated for include:
- A loss of earnings from any time taken off work. You can also claim for a loss of future earnings if you are unable to work for an extended period.
- Medical expenses including physiotherapy, private hospital admission, and talking therapy or counselling sessions.
- Home modifications in cases where mobility has been affected. This could include ramp access, an accessible shower and additional handrails.
- Travel expenses to and from hospital or clinic appointments, as well as your place of work.
Make sure you have the necessary evidence for all special damages you are claiming. Documents such as your payslips, prescription letters, purchase receipts and bills for medical care can all be used.
The compensation paid out in successful McDonald’s accident claims can vary enormously. It’s important to make sure you get any injuries properly valued and that you have strong, clear evidence of wrongdoing. To get free legal advice, or find out if you could make a compensation claim, speak to our team today.
4.8 (466 reviews) Why Claim With Our No Win No Fee Solicitors?
Claiming with our No Win No Fee solicitors gives you access to years of knowledge, experience and success. If you meet the eligibility requirements, they’ll put you in touch with a highly experienced personal injury solicitor, specially chosen to fit your particular needs. These highly trained professionals have decades of experience which they can turn to your advantage.
A range of tailored services and support can be provided throughout the claims process so we’ve given a few examples of the ways our solicitors can help you here:
- Ensuring you receive the right medical care, rehabilitation and other support you require to cope with the harm sustained.
- Helping you gather a strong body of supporting evidence.
- Interviewing witnesses.
- Calculating a potential compensation figure including any loss of earnings and other costs.
- Keeping you informed of how the claim is progressing and explaining all the technical legal terms.
- Negotiating a settlement on your behalf with the defendant’s representatives.
- Instructing an experienced barrister to present your claim in court if the matter progresses to trial.
Eligible claimants will be offered a particular type of contract called a Conditional Fee Agreement (CFA). By instructing a solicitor under a CFA, you won’t be met with any solicitor’s fees at the start of, or during your claim.
A success fee becomes payable if the claim is won and this is deducted from your compensation. As The Conditional Fee Agreements Order 2013 caps the maximum percentage that can be charged as a success fee at 25%, most of the compensation will be yours to keep.
Contact Legal Expert
To find out more about starting a public liability claim against a fast food restaurant, speak to us today using the contact information provided here:
- Call us on 0800 073 8804.
- Contact us online.
- Click the live chat button on your screen now.
Useful Information
You can view some other personal injury claims guides here:
- Read our head injury claims guide and find out more about seeking compensation.
- Find out more about claiming for laceration scarring after an accident.
- Learn more about claiming neck injury compensation and how our expert solicitors can help.
We have also provided these external resources to provide you with additional information:
- You can view the NHS guidance on falls here.
- Read the Health and Safety Basics from the HSE.
Thank you for taking the time to read our guide to McDonald’s accident claims. For more information, or a free eligibility consultation, speak to our advisors today. Our team is available 24 hours a day via the contact details provided above.
