I Had An Accident In A Restaurant, How Do I Claim Compensation?

    By Olivia Grace. Last updated 8th March 2021. Welcome to our accident in a restaurant guide, where we’ll look at how to make a restaurant accident compensation claim. When you visit a restaurant, you go with the expectation that you’ll have a nice time, eat well and enjoy any company you go with. In many cases, that’s exactly what happens. On some occasions though, accidents can happen in restaurants which causes a customer to become ill or injured. If an accident in a restaurant is caused by the negligence of the owner or staff, it might be possible to claim compensation for any suffering caused. Therefore, this guide will explain what types of accidents could result in a restaurant injury, who could be liable and when you could claim compensation.

    Legal Helpline has a team of specialist advisors ready to help you if you’re considering making a personal injury claim. We can offer free legal advice and a no-obligation assessment of your claim. If we believe your case has merit, we could refer you to a personal injury lawyer on our panel who’ll work on a No Win, No Fee basis.

    To begin your claim today, why not call an advisor on 0161 696 9685? Alternatively, to find out more about claiming if you’ve been injured in a restaurant, please continue reading.

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    A Guide On Claiming For An Accident In A Restaurant

    When you visit a restaurant, the owner or business operator has a duty of care to ensure your safety wherever possible. This means that they need to take steps to try and reduce any hazards. As well as trying to prevent accidents from happening, they need to make sure food safety rules are observed to try and prevent you from becoming ill.

    Accident in a restaurant compensation claims

    Accident in a restaurant compensation claims

    In this guide, we’re going to look at examples of negligence in restaurants. We’ll also look at what to do when injured in a restaurant. Then we’ll look at when personal injury claims might be possible. Claims aren’t just limited to customers though. Restaurant owners also have a duty of care to ensure staff safety. Therefore, if you’re a worker injured in a restaurant, this guide could also help you.

    If you want to claim for an accident in a restaurant, you’ll need to show that:

    • The restaurant owed you a duty of care (which will be the case for customers and staff).
    • The restaurant breached its duties, exposing you to risks or hazards.
    • As a result of that breach of duty, you suffered an injury or illness.

    Also, you’ll need to claim within the 3-year personal injury claims time limit which begins on the date the negligence or accident happened or when your injuries or illness were diagnosed. If you do not issue a claim within 3 years, you may be prevented from claiming altogether.

    Personal injury claims can be tricky to prove which is one of the reasons we advise you to seek legal advice as soon as possible. Having a specialist on your side could help ensure you receive the right amount of compensation for your suffering. Our panel of solicitors have decades of experience and can guide you through the claims process expertly. They’ll keep you updated regularly and explain any legal jargon as the case progresses.

     

    What Is An Accident In A Restaurant?

    There are many types of different accidents in restaurants that we’ll discuss in this guide. Not all will mean you’re entitled to compensation, though some cases will make you eligible to make a restaurant accident compensation claim for an accident in a restaurant. As described in the previous section, the accident will need to have been caused by negligence and you’ll need to have suffered an injury or illness. Here are some types of incidents which could lead to restaurant accident claims:

    • Slips, trips or falls.
    • Burns or scalds.
    • Allergic reactions.
    • Food poisoning.

    We won’t list all of the causes of an accident in a restaurant within this guide so don’t worry if you don’t see an example that matches yours. You could still begin a claim. Please call us on 0161 696 9685 to discuss your claim with an advisor.

    Claims For Slips And Falls In Restaurant

    If you’re injured in a restaurant and your injuries were caused by a slip or fall, then in some circumstances you might be eligible to make a claim. For instance:

    • If you slipped on a wet floor and there were no warning signs to highlight the danger. This could’ve been caused by a spillage, cleaning or a leak.
    • Where a chair collapses and causes you to fall backwards.
    • If safety rails on stairs, balconies or mezzanine floors were damaged and caused you to fall.
    • Or if you tripped on a hazard that was difficult to see because of poor or inadequate lighting.

    If any of the following led to you becoming injured, you might be entitled to claim restaurant compensation.

    Claims For Allergic Reactions In A Restaurant

    By law, restaurants, cafes, bars and other eateries need to make it clear if a food contains one of 14 different allergens. This means that prepacked foods must contain a warning on the packaging. In restaurants, however, the allergen could be indicated on the menu. Alternatively, the restaurant needs to make it clear where allergen advice can be found. For instance, a noticeboard advising customers to ask staff.

    Also, if there’s a chance of cross-contamination, then the restaurant must tell you. This can be done by using the phrase ‘may contain’ on the menu. For instance, if an item on the menu doesn’t contain nuts but is prepared in an area where nuts may have been used, it should be clearly indicated to you.

    The reason that warnings are so important is that allergic reactions can cause very serious side effects. In some cases, they can be fatal. Therefore, if you’ve suffered an allergic reaction because a restaurant failed to highlight the presence of an allergen, you could be entitled to a claim. For more information on making a restaurant accident compensation claim for an accident in a restaurant, please read on.

    Claims For Burn Injuries In A Restaurant

    A scald or burn injury could happen to staff or customers alike. For customers, it can happen if waiting-on staff drop or spill a hot drink on to them. It could also happen if food or drink is served at too high a temperature and there was no warning that this was the case.

    For staff, you could be entitled to claim if your burn injury has been caused by damaged or faulty kitchen equipment. The same could be true if you’ve been expected to work in an unsafe working environment when an accident has occurred.

    According to the St John Ambulance service, you should start cooling a burn or scald as soon as possible. To do this, the wound should be placed under cool running water for at least 10 minutes.

    Health And Safety For Restaurants

    According to the Health and Safety Executive (HSE), there are several health and safety requirements that restaurant owners have to adhere to. Their list states that any employer in catering must:

    • Prepare a written safety policy.
    • Consult employees on the policy.
    • Understand which workplace risks are significant and make arrangements to control them.
    • Appoint a competent person to assist with health and safety.
    • Set up emergency procedures.
    • Train staff adequately on any risks and what arrangements are in place to deal with them.
    • Carry out health surveillance if required.

    These requirements makeup part of the duty of care in a restaurant and must be carried out. If they’re not, and you’ve suffered an injury in a restaurant as a result, you could be entitled to claim compensation. For more guidance on making a restaurant accident compensation claim for an accident in a restaurant, please read on.

    What Are The Long-Term Effects Of Accidents In Restaurants?

    As with any type of incident, a restaurant accident could have short-term or long-term effects. For instance, a slip, trip or fall could lead to injuries that heal within days or weeks. However, more serious injuries could cause a disability that could affect the victim’s long-term ability to work.

    In the same way, food poisoning can result in short-lived symptoms. However, more serious cases can affect bowel function and the ability to enjoy food for a number of years.

    Any compensation claim for longer-term injuries will not only cover the actual injury, but they’ll also need to consider future financial losses like treatment costs of loss of income.

    Accident In A Restaurant Compensation Calculator

    We’ve now looked at some scenarios which could lead to a restaurant illness or accident. Therefore, it’s time to move on to potential compensation amounts. As every claim is different, we advise that you speak to an advisor to receive a personalised figure that’s based on how you suffered.

    Rather than using a personal injury claims calculator, which some people find cumbersome, we’ve provided the table below. It shows compensation figures for relevant injuries. The amounts come from a document called the Judicial College Guidelines which details compensation awards made by the courts.

    Type of InjurySeverity Compensation RangeComments
    Neck InjuryModerate£23,460 to £36,120Soft tissue injuries which have taken longer than normal to heal. Also, they'll leave the patient vulnerable to futher trauma in the future.
    Neck InjuryMinor£4,080 to £7,410Tissue damage of the neck where full recovery occurs within 3-months and 1 year.
    Back InjuryModerate£26,050 to £36,390Includes disturbance to the muscles and ligaments in the back and soft tissue injuries which take longer than normal to heal (usually over 5 years).
    Back InjuryMinor£7,410 to £11,730Soft tissue damage in the back where full recovery takes less than 3 months.
    Arms InjurySimple Fracture£6,190 to £18,020This compensation bracket covers simple forearm fractures.
    Elbow InjurySevereUp to £51,460Elbow injuries which cause some form of severe disability.
    Wrist InjuryFractureUp to £6,970This bracket covers a simple, uncomplicated Colles' fracture of the wrist.
    Leg InjuryModerateUp to £26,050Fractures which don't result in a full recovery i.e. where the patient is left with a limp or impaired mobility.
    Ankle InjurySevereUp to £46,980Injuries that require pins and plates to aid the recovery of the injury bur result in significant residual disabilities.

    You’ll notice that the figures shown are based on the severity of the injury. Therefore, one of the key roles of your personal injury solicitor is to provide evidence to demonstrate how you suffered. As part of the claims process, our panel of solicitors will arrange for you to visit a local independent medical expert. They’ll carry out a medical assessment and ask you several questions about your injuries and recovery. Following the assessment, they’ll provide a report which shows what injuries you sustained, what impact they caused and whether there will be any long-term effects.

    To learn more about making a restaurant accident compensation claim for an accident in a restaurant, please continue reading.

    What Could I Claim – Special Damages?

    When your solicitor compiles your claim, they’ll consider both general damages and special damages. General damages are designed to compensate you for any pain, suffering or loss of amenity you’ve suffered as a result of your accident. We provided some examples of general damages in the table from the previous section.

    Therefore, in this section, we’ll concentrate on special damages. These are designed to compensate you for any financial costs you’ve incurred because of your injuries. Here are some examples of special damages you could claim:

    • Medical Expenses.
      While it’s likely you’ll be treated for free by the NHS, you could still incur prescription or other medication costs. Therefore, you could ask for these back as part of your claim.
    • Care Costs.
      If you require support while you’re recovering from your injuries, you could claim back any associated costs. This could include the fees for a professional carer. Also, an hourly rate could be calculated to cover the time a friend supported you.
    • Travelling Expenses.
      While recovering, if you make trips to your GP, a pharmacy or the hospital, you could claim back any travelling, fuel or parking costs incurred.
    • Property Damage.
      At the point your accident happened, if an item of personal property was damaged, you could claim the cost of repairing or replacing it.
    • Lost Income.
      If your employer pays statutory sick pay, you’re likely to lose income while off work recovering. Therefore, any difference in income could be claimed back.
    • Future Loss of Earnings.
      Finally, when injuries have a long-term effect on your ability to work, you could ask for future lost income to be paid too. This would take into account your age, current salary and job prospects.

    Proving special damages claims will be easier if you have wage slips, receipts and bank statements that prove your losses.

    What Steps Could I Take To Make A Successful Claim?

    Any customer that had an accident in a restaurant will need evidence to make a restaurant accident compensation claim. This needs to show what happened, who was to blame and what suffering was caused. Therefore, if you’re involved in any form of restaurant accident and decide you want to make a claim, you could:

    • Gather details of any witnesses.
    • Ask the GP or doctor who treated you for copies of your medical records. These can be used to show what injuries you suffered, any treatment and what advice was given.
    • Request a copy of the accident log. Reporting an accident in a restaurant is important. By law, all businesses need to record accidents and you’re within your rights to ask for a copy of the report. This will help prove dates, times, initial injuries and who was involved.
    • Take photographs of the accident scene. It’s best to do this as soon as possible before the cause of the accident is removed.
    • Obtain CCTV footage where possible.
    • Photograph any visible injuries.

    How Legal Helpline Could Help You Make A Claim

    Hopefully, you’ve found the information in this guide to making a restaurant accident compensation claim after an accident in a restaurant helpful. If so, we’d love to help you begin your claim. Here’s some more information about the way we work and how we could help you:

    • Our specialist advisors provide completely free, no-strings-attached legal advice about claiming.
    • They also offer a no-obligation assessment of your claim.
    • You can begin when it’s convenient as our claims line is open 24-7.
    • All claims are handled on a No Win, No Fee basis.
    • Our panel of experienced specialist solicitors have decades of experience and are specialists in pursuing claims of this nature.
    • Should your claim be taken on, your solicitor will provide you with regular updates. They’ll explain the claims process and any legal jargon as the case progresses.
    • The solicitors on our panel always strive to ensure that any settlement that’s reached provides you with a full and fair amount of compensation.

    If you need any more information on how we could help you, please call an advisor on 0161 696 9685 today.

    No Win, No Fee Compensation Claims For An Accident In A Restaurant

    We know that a lot of people worry about the costs of making a restaurant accident compensation claim for an accident in a restaurant. To reduce that worry, our panel of solicitors will offer you the opportunity to enter into a No Win, No Fee agreement, also known as a Conditional Fee Agreement (CFA). The CFA is designed to reduce the financial risk of making a claim and to give claimants the confidence to pursue the compensation they could be entitled to.

    When you begin a claim, the solicitor will assess it with you. If they deem it has a chance of success, and you’re happy to proceed, they’ll prepare a No Win, No Fee agreement for you. This is the contract between you and your solicitor.

    Within the CFA, you’ll find some important information that confirms:

    • You don’t have to pay any upfront fees.
    • There are no fees to pay during the claim.
    • And, if the claim is unsuccessful, there are no solicitor’s fees to pay.

    Also, the CFA will explain that if your solicitor wins the claim, you might need to pay a small contribution towards the solicitor’s costs. This is called a success fee. It is deducted from the compensation awarded at the end of the claim. You’ll know exactly what success fee you’ll pay right from the start as it’s stated in the CFA. You don’t need to worry though because, legally, success fees are capped.

    To find out whether you could use a No Win, No Fee service to claim for an accident in a restaurant, please get in touch today.

    Contact Legal Helpline Today

    You’ve now come to the end of our guide about making a restaurant accident compensation claim for an accident in a restaurant. We hope that, if you’ve decided to begin a claim, you’ll let Legal Helpline support you. If that’s the case, here are the ways in which you can begin:

     When you contact us, we’ll go through your claim with you. An advisor will review what happened, who was to blame and what injuries were sustained. They’ll then review the evidence you’re able to supply. If they believe your claim might be viable, they could refer you to a solicitor from our panel. If they agree to work with you, they’ll do so on a No Win, No Fee basis. All claim assessments are on a no-obligation basis and the advice we’ll give is free. Therefore, you’ve got nothing to lose and everything to gain by calling Legal Helpline today.

    Accident In A Restaurant FAQs

    Here are some common queries about restaurant accident compensation claims.

    What happens if you get hurt at a restaurant?

    Firstly, seek medical attention for your injuries. Once you’re able to do so safely, you can begin collecting evidence for any future claim you wish to make, including photographs and witness contact details. Finally, why not contact our team at Legal Helpline and see how we could help you?

    How do I sue a restaurant for negligence?

    Our panel of personal injury lawyers at Legal Helpline is dedicated to getting their clients the compensation that they deserve. For more information on our services and a free consultation, please get in touch today about your accident in a restaurant.

    Helpful Links

    Thank you for reading this guide about claiming for a restaurant injury. To assist you further, we’ve provided some links to more of our guides below. We’ve also linked to some relevant external resources that you might find useful.

    Hot Drink Burn Injury Claims – This guide looks at when you could make a personal injury claim for injuries caused by a hot drink.

    Accident At Work Claims – If you’re an employee who’s been injured in a workplace accident, this guide could help you claim.

    Dairy Allergy Claims – Information on when you could claim because you suffered a dairy allergy due to poor food labelling.

    The Royal Society For The Prevention Of Accidents – RoSPA is a UK charity whose aim is to prevent serious accidental injuries.

    Allergy Information – Information from the Food Standards Agency about restaurant responsibilities regarding allergy advice.

    If you require any further information, please get in touch with a member of our team today.

    Thanks for reading our accident in a restaurant guide, where we’ve looked at how to make a restaurant accident compensation claim.

    Guide by BE

    Edited by REG