Accident In A Restaurant Claims Guide

By Danielle Newton. Last Updated 9th November 2023. On this web page, you will read a guide to making a compensation claim for an accident in a restaurant. Within it, you will learn about many of the reasons these claims come about, and why you yourself could be eligible to make a claim. The entire guide is intended to be something of a primer, for people who are considering using a No Win No Fee claims service to make their claim.

You may have unique questions that are not answered by this guide. If this is so, we recommend that you speak to our claims team on 0800 953 0698.

Accident In Restaurant Injury Claim

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When Could You Claim For Public Accidents In A Restaurant?

If you’ve suffered an injury while in a restaurant, you may want to know about the criteria you must meet to make a public liability claim. In order to have valid grounds for to seek compensation, you must be able to prove that:

  •       You were owed a duty of care.
  •       This duty was breached.
  •       You suffered an injury as a result.

When you are in a restaurant or another public space, the party in control of that place must take steps to help ensure your reasonable safety. This is their duty of care as set by the Occupiers’ Liability Act 1957. Restaurants are also expected to provide information regarding any of the 14 main allergens that may appear in any dish and provide any information regarding other allergens in dishes upon request.

Additionally, the restaurant is expected to ensure good housekeeping and keep walkways free of clutter. For example, you could suffer injuries in a slip, trip or fall because of spilt liquid or other debris on the floor. If the restaurant were aware of the spillage and had plenty of time to act, such as putting a sign up until it could be cleaned, you might be eligible to make a personal injury claim.

If you have any questions about when you could claim for injuries suffered in a restaurant, please get in touch with one of the advisors from our team.

How Could You Be Injured At A Restaurant?

There are various ways you could be injured at a restaurant. These include:

  • A slip, trip and fall could result in a broken bone or back injury. For example, if liquid is spilled on the floor and the restaurant did not display a sign warning of the hazard in a timely manner, and this resulted in an injury, you might be eligible to seek compensation for a restaurant injury.
  • Hot liquid could cause scalds and burns. For example, if a waitress trips over cables trailed across the floor, she may spill a hot drink on you, which can cause a burnt chest. If you can prove that a breach in the duty of care caused your injury, you might be able to make a personal injury claim.
  • Food allergies. According to the Food Standards Agency (FSA), restaurants must inform you if any of the food they provide contains certain allergens. The FSA protect public health in relation to food in England, Wales and Northern Ireland. If the restaurant fails to tell you that the food contains any of these allergens and you suffer a reaction as a result, you could be entitled to compensation.

If you would like to discuss the incident that caused your restaurant injury, contact one of the advisors from our team.

How To Sue a Restaurant – Example Compensation Payouts

As explained in more detail below, there are two heads of claim you could receive compensation through when making a personal injury claim. When successfully suing a restaurant for negligence-caused injuries or illness, you would receive general damages compensation as part of a claim. This relates to the pain and suffering caused as a result of the illness or injury.

General damages compensation is determined by factors such as:

  • The extent of the injury
  • Whether any permanent symptoms were caused
  • The length of your recovery plan

The Judicial College Guidelines (JCG) can provide you with a clearer idea of your possible compensation. The below figures are from the latest guidelines, published in 2022. These are calculated using the results of successful court cases from England and Wales. Please remember that these figures are only guidelines as every claim is unique, meaning that your compensation could differ to what is shown below.

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What Injury? How Severe? Potential Compensation Notes
Multiple Injuries Plus Financial Losses Severe Up to £200,000+ Several severe injuries plus compensation for financial losses such as medical expenses.
Injured back Severe (i) £91,090 to £160,980 The injured party has damage to their spinal cord and nerve roots resulting in a combination of very serious consequences including severe pain and disability.
Injured neck Severe (i) Up to the region of £148,330 Neck injury with incomplete paraplegia or spastic quadriparesis.
Injured leg Severe leg injuries (i) Up to £135,920 This bracket includes injuries that are so severe that they are treated as if they were an amputation.
Injured arm Severe £96,160 to £130,930 The injured party has an extremely serious injury that leaves them little better off than if the arm had been amputated.
Injured foot Very severe £83,960 to £109,650 This bracket includes injuries that cause a really serious permanent disability and permanent and severe pain.
Injured finger Amputation of Index and Middle and/or Ring Fingers £61,910 to £90,750

 

In this bracket, the claimant’s hand has been rendered of very little use.
Injured hand Serious £29,000 to £61,910

 

In this bracket, the injured party’s hand has been reduced to about 50 per cent capacity.
Injured wrist Severe Up to £59,860 The claimant has lost the function of their wrist completely.
Injured toe Amputation of All Toes £36,520 to £56,080 The award considers whether the amputation was traumatic or surgical and the extent of the loss of forefoot along with the impact on mobility.

If you would like further information about how to sue a restaurant or a compensation estimate specifically relating to your injury, please contact us for free using the above details.

No Win No Fee Public Injury And Accident In A Restaurant Claims

If you are eligible to make a personal injury claim for your restaurant injury, you may like to do so with legal representation. If so, one of the personal injury solicitors from our panel could assist you with your case. The solicitors on our panel usually offer to work with their clients under a No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).

When your solicitor provides their services under a CFA, they typically won’t take an upfront payment for their work. They also won’t ask you to pay any ongoing service charges. Furthermore, if you are not awarded compensation for a restaurant injury following an unsuccessful claim, they won’t charge you for the work they did on your case.

However, if your public liability claim has a positive outcome, your solicitor will remove a success fee from the compensation awarded to you. This amount is deducted as a small percentage which is limited by the law.

If you were injured at a restaurant and would like to discuss your options, one of the advisors from our team could help. Additionally, if you meet the eligibility requirements, you could be connected to one of the solicitors from our panel.

To speak with a team member:

References And Other Guides

Below, we’ve included some other guides you may find useful.