If you have been injured in a restaurant accident, you might be wondering whether you can claim compensation. Whether your injury occurred while dining with friends, celebrating a special occasion, or simply enjoying a quick meal, suffering harm due to someone else’s negligence can be both distressing and disruptive.
From minor incidents to serious accidents, restaurant accident claims can encompass a wide range of circumstances, including slip and trip hazards, food poisoning, and allergic reactions. If your injury was caused by the restaurant or staff, you may be eligible to make a personal injury claim.
This guide provides comprehensive and expert insight into restaurant accident claims. We’ll explore the eligibility criteria under public liability law, including the duty of care owed by restaurant owners. You’ll learn what types of evidence are needed to support your claim, the types of compensation you could receive, and how the claims process works.
We’ll also cover scenarios where you can claim on behalf of someone else, the importance of gathering medical records, and how a No Win No Fee solicitor could be more affordable. Whether you suffered a burn injury from hot food, a fall accident due to a wet floor, or an allergic reaction to unsafe food, our panel of solicitors could help you seek justice through a public liability claim.
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To start your journey today, contact our team of advisors for a free consultation by:
- Calling us on 0333 0000729
- Contacting us online
- Using the live chat feature
Jump To A Section
- Can I Make A Restaurant Accident Claim?
- How Much Compensation Can I Get For An Accident In A Restaurant?
- Is There A Restaurant Accident Claims Time Limit?
- What Accidents Could Occur In A Restaurant?
- How Can I Start A Claim Against A Restaurant?
- No Win No Fee Restaurant Accident Claims
- Learn More
Can I Make A Restaurant Accident Claim?
Yes, you may be able to make a restaurant accident claim if you were injured due to a breach of duty by the restaurant owner or operator. Under the Occupiers’ Liability Act 1957, those in control of public premises have a legal duty to ensure visitors are reasonably safe.
To be eligible for a compensation claim, you must meet the following criteria:
- You were owed a duty of care
- The duty of care was breached
- You suffered physical injuries, illness, or psychological harm as a result
This duty includes maintaining a safe environment, conducting regular risk assessments, placing warning signs near hazards (such as a wet floor), and ensuring food safety procedures are followed.
If a restaurant failed to meet its responsibilities and this resulted in your injury, you may be eligible to start legal proceedings. Our panel of restaurant accident solicitors can help you gather evidence, establish liability, and seek a fair compensation payout.
Can I Make A Claim On Behalf Of A Loved One?
Yes, if a loved one has been injured in a restaurant and is unable to make a claim themselves, you may act as a litigation friend on their behalf. This is common in situations involving:
- Children under the age of 18
- Adults who lack the mental capacity to handle legal matters
As a litigation friend, you will act in the injured person’s best interests, working alongside a personal injury solicitor from our panel to guide the claim. Compensation can cover medical expenses, long-term injuries, and other losses.
Whether your child suffered an allergic reaction or your elderly parent was hurt due to poor lighting on a stairwell, you may be entitled to make a personal injury claim on their behalf.
Speak to our advisors today to learn more about making restaurant accident claims for other people, or keep reading to learn about personal injury compensation.
How Much Compensation Can I Get For An Accident In A Restaurant?
The amount of compensation awarded will depend on the severity of your injuries and the financial losses you have incurred. Your payout could include:
- General Damages: For the pain, suffering, and loss of amenity caused by your injuries
- Special Damages: For quantifiable losses like medical treatment, lost earnings, travel costs, and more
The Judicial College Guidelines (JCG) are a key resource used by legal professionals when assessing the value of personal injury claims. The JCG is a publication that outlines suggested compensation brackets for various types of injuries, based on past court decisions. While they are not legally binding, they serve as a reliable reference point for determining general damages in personal injury claims, including those involving restaurant accidents.
Please note that the figures in the table below are from the JCG, except for the first entry, which isn’t from the JCG.
| Injury | Compensation | Notes |
|---|---|---|
| Several severe injuries with special damages | Up to £1,000,000+ | Severe severe injuries as well as financial losses, which can include things like lost earnings, round-the-clock care, and more. |
| Very Severe Brain Damage | £344,150 to £493,000 | The claimant will require full-time nursing care, and have little to no language function or response to their surroundings. |
| Less Severe Brain Damage | £18,700 to £52,550 | Despite some remaining symptoms, the claimant will make a good recovery, and they'll be able to take part in a normal working and social life. |
| Non-Traumatic Injuries To The Digestive System (ii) | £11,640 to £23,430 | Food poisoning with serious effects that is short-lived, with effects lasting between two and four weeks. |
| Non-Traumatic Injuries To The Digestive System (iii) | £4,820 to £11,640 | This bracket covers both food poisoning and allergic reactions, and includes symptoms that require a few days of hospital admission. |
| Moderate Pelvis And Hip Injuries (i) | £32,450 to £47,810 | Significant pelvis or hip injuries that do not result in any major permanent disability. |
| Moderate Ankle Injuries | £16,770 to £32,450 | Fractures and tears to the ligaments that can give rise to less serious disabilities, and cause difficulty walking on uneven ground. |
| Moderate (i) Knee Injuries | £18,110 to £31,960 | Injuries that involve dislocation to the knee, as well as tears to the cartilage or meniscus that cause future mild disability. |
| Simple Fractures of the Forearm | £8,060 to £23,430 | Simple forearm fractures. |
| Single Noticeable Scar Or Several Superficial Scars | £2,890 to £9,560 | Either one very noticeable scar or a few smaller scars on varying parts of the body. |
What Will Determine The Amount Of Compensation I Get?
Several factors influence the value of your restaurant compensation claim:
- Severity and type of injury (e.g., food poisoning, broken bones, psychological harm)
- Duration of recovery and any long-term injuries
- Impact on your quality of life and daily activities
- Medical expenses and ongoing treatment costs
- Lost income and future loss of earnings
- Care or assistance required at home
General damages reflect your physical and emotional suffering, while special damages help recover your financial losses. Hospital records, receipts, and wage slips can all support your claim. Restaurant accident claims may also include interim payments where appropriate. Contact our team today to learn more about making a public liability claim.
Is There A Restaurant Accident Claims Time Limit?
Yes, under the Limitation Act 1980, you generally have 3 years from the date of the restaurant accident to begin a compensation claim. However, exceptions to this time limit do apply:
- Children: The 3-year limit begins on their 18th birthday
- Lack of mental capacity: The time limit is paused until capacity is regained
If you miss this window, your claim could be time-barred. However, in cases involving children or individuals who lack the mental capacity to manage their own legal affairs, a litigation friend can be appointed to act on their behalf. A litigation friend is usually a parent, guardian, close relative, or trusted legal professional who ensures the claim is made in the best interests of the injured person. This person will manage the case, make decisions, and liaise with the solicitor to progress the claim efficiently and responsibly.
To avoid missing out on restaurant accident claims, it’s important to seek legal advice as soon as possible.
Call our team of advisors now to check your eligibility and find out if you are within the time limit to make a claim. Or, keep reading to find out how negligence could occur in a restaurant.
What Accidents Could Occur In A Restaurant?
Restaurant injuries can occur in many ways, often due to poor maintenance, inadequate training, or failure to warn customers of hazards. Here are some common examples:
Slips, Trips And Falls
A wet floor with no warning sign, loose carpet, or uneven surfaces in the restaurant or car park could cause a customer to suffer a slip, trip, or fall. If the restaurant operator failed to address or warn of the hazard, and this led to a broken wrist or back injury, the injured party may be entitled to seek compensation.
Food Poisoning
Serving unsafe food due to poor hygiene, contaminated ingredients, or improper storage can result in serious health consequences, including food poisoning. Symptoms can include vomiting, dehydration, and hospitalisation. If illness claims stem from negligence in food handling, you could claim for the suffering and any treatment costs.
Allergic Reactions
Failure to clearly label allergens or respond to allergy concerns can cause severe reactions, even anaphylaxis. If the restaurant staff failed in their legal duty to provide accurate allergen information, the injured person could potentially make a restaurant injury claim.
Get in touch with our team of advisors today to learn more about how negligence can occur in a restaurant. Or, keep reading to learn more about the personal injury claims process.
How Can I Start A Claim Against A Restaurant?
Starting a restaurant accident claim involves gathering evidence to prove the restaurant breached its duty of care. Taking immediate steps after your accident can significantly improve your chances of success. You should report the incident to restaurant staff and ensure an official accident report is completed. Request a copy for your records.
You should also seek medical attention as soon as possible, even if your injury seems minor. Prompt medical treatment not only helps with recovery but also ensures your injuries are documented, which is crucial for your case. Keep records of any prescriptions, doctor visits, or hospital stays.
Other helpful evidence may include:
- Medical records and hospital records
- Accident reports completed at the restaurant
- Photos or videos of the accident scene and your injuries
- Witness contact details for supporting statements
- Receipts or invoices for medical treatment, transport, or other related costs
A personal injury solicitor from our panel can assist with gathering this evidence and building a strong case. They will also communicate with all parties involved, negotiate your compensation, and handle any legal complexities that arise.
Restaurant accident claims are more likely to succeed when supported by detailed documentation and expert legal representation. Legal Helpline is here to ensure you don’t face this process alone. Contact us today to get started, or keep reading to learn more about how our panel of solicitors could help you.
No Win No Fee Restaurant Accident Claims
Many successful claims are made on a No Win No Fee basis. This means you won’t need to pay any upfront solicitor fees to begin your claim. If you sign a Conditional Fee Agreement (CFA), which is a type of No Win No Fee contract, with a solicitor from our panel, there are:
- No upfront fees for your solicitor’s work
- No solicitor’s fees during the claims process
- No fees for their work if the claim is unsuccessful
- A legally-capped success fee if your claim wins
Working with a solicitor ensures your claim is handled by a legal professional with the knowledge and experience to maximise your compensation. They can assess your case, gather compelling evidence, deal with the restaurant’s insurance company, and ensure all legal proceedings are handled correctly.
At Legal Helpline, we take the pressure off your shoulders. Our panel of solicitors are dedicated to securing the best outcome for you. With our support, you don’t have to worry about the complex legal system or the stress of negotiating a compensation payout. We have helped many clients succeed in restaurant accident claims.
Contact Our Advisors
At Legal Helpline, our experienced team is here to help you navigate the legal system with ease. If you’ve been injured in a restaurant and believe negligence played a role, we’re ready to provide free advice and match you with a legal professional from our panel.
We can:
- Evaluate your eligibility
- Explain the claims process clearly
- Connect you with expert restaurant accident solicitors from our panel
Get started today by:
- Calling us on 0333 0000729
- Contacting us online
- Using the live chat feature
Learn More
For more helpful public liability claim guides:
- Learn about the pothole claims process
- Find out how to make a public liability insurance claim
- Your guide to pavement accident claims
Or, for more information:
Thank you for reading our guide on restaurant accident claims.
