Accident In A Restaurant Claims Guide – How To Claim Compensation For A Personal Injury In A Restaurant

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.

Accident In Restaurant Injury Claim

Accident In Restaurant Injury Claim

You may have unique questions that are not answered by this guide. If this is so, we recommend that you speak to the ProLawyers claims team on 0800 953 0698. They will be able to answer any questions you have, and also explain how their claims service can offer you a financially risk-free way to have your claim processed.

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A Guide To Claims For Public Accidents In A Restaurant

This guide aims to answer questions such as, what happens if you get hurt at a restaurant? how do I sue a restaurant? and others. It should contain enough information so that once you have read and understood it, you should be ready to start making proper, intelligent decisions about your own claim. The guide begins by giving a brief overview of what this kind of claim is, and also looking at the concepts of liability and eligibility. We also provide some basic financial information in this part of the guide. This includes a list of some of the kinds of damages aa settlement could be made up of, and also a table that shows potential compensation ranges for many types of injuries.

The next part of this guide moves on to give legal information about certain core concepts such as the Health & Safety obligations a restaurant must meet at all times. We will also give some key statistics related to restaurant accidents and an explanation of the criteria you must fulfil in order to be eligible to make a claim.

This guide then moves on to look at some examples of claims that could be the result of an incident in a restaurant. Each of these examples is presented in its own section, with a list of the kinds of hazards that could cause it, and also other useful information.

Finally, we look at the duty of care that a restaurant owes both its patrons, and also its members of staff. We explain how a claims service could be a good choice if this duty of care is breached, and you need to make a compensation claim because of it. However, there is a personal injury claims time limit, normally three years, that you must begin your claim within. We recommend you speak to a solicitor to find out if this is the time limit that applies to your claim.

What Is A Public Accident Claim Against A Restaurant?

If you suffer a restaurant injury, or a restaurant illness, you could be in a position to make a compensation claim. However, in order to do so, you must be eligible to claim. This means a third party, such as the restaurant owner, must be directly or indirectly the cause of the reason you were injured at a restaurant. Consider the following two examples:

  1. A patron of a restaurant who suffers from a nut allergy, asks a member of the serving staff whether a specific dish contains nuts. The member of staff answers no, and the patron orders the dish. However, the serving staff were wrong, and the dish did contain nuts, causing the patron to suffer an allergic reaction.
  2. A patron of a restaurant who suffers from a nut allergy, orders a dish from the menu, without asking a member of the serving staff whether it contains nuts, and without checking the menu (which divulged that the dish contained nuts) closely to discern whether there could be any nut content in the dish. The dish does contain nuts, and this causes the patron to suffer an allergic reaction.

In the first example, the serving staff made a mistake, that directly led to the patron suffering the allergic reaction, and a valid cause to make a claim could well exist. In the second example, the patron has failed to check for nut content in any way. Therefore, it is unlikely that a claim could be made against the restaurant.

In cases where the patron was partially responsible for the harm they suffered, the legal teams representing both parties would negotiate a reduced percentage of liability for the restaurant. Any settlement offered, would take this reduced level of liability into account.

Accident In A Restaurant Public Liability Compensation Calculator

While you could try to find an online personal injury claims calculator, to get a rough guide to how much compensation you could claim, you might find the table below simpler to use.

What Injury?How Severe?Potential CompensationNotes
Injured handMinor up to seriousUp to £54,267Ranging upwards from injuries caused by sharp edges, or needlestick injuries such as cuts and lacerations, as well as blunt trauma bruising and burns, through all forms of STI and fractures, to amputation or paralysis of a hand.
Injured wristMinor up to severeUp to £52,467Ranging upwards from skin injuries caused by blunt trauma, heat or sharp edges (cuts, bruises, burns, etc.) through broken bones, and all forms of STI such as sprains and strains, to some loss of use of the wrist.
Injured armModerate up to severeUp to £114,697Ranging upwards from cuts, bruises, burns and other skin injuries, through broken bones, and all types of soft tissue injuries, to amputation or loss of use of the arm.
Injured fingerMinor up to severeUp to £21,907Ranging upwards from damage to the skin (lacerations, grazes, burns, scalds, cuts, etc.) through broken bones, and soft tissue injuries such as strains or sprains, as well as dislocation, to amputation of one or more fingers.
Injured thumbMinor up to severeUp to £48,007Ranging upwards from damage to the skin (lacerations, grazes, burns, scalds, cuts, etc.) through broken bones, and soft tissue injuries such as strains or sprains, as well as dislocation, to amputation of one or both thumbs.
Injured backMinor up to severeUp to £141,137Ranging upwards from skin injuries such as bruising, scrapes, burns, etc. through broken vertebrae, soft tissue damage (sprains, strains, etc.) to some level of loss of use of the back.
Injured neckMinor up to severeUp to £130,047Ranging upwards from skin injuries such as bruising, scrapes, burns, etc. through broken vertebrae, soft tissue damage (sprains, strains, etc.) to some level of loss of use of the neck.
Injured toeModerate up to severeUp to £49,107Ranging upwards from damage to the skin (lacerations, grazes, burns, scalds, cuts, etc.) through broken bones, and soft tissue injuries such as strains or sprains, as well as dislocation, to amputation of one or more toes.
Injured ankleMinor up to severeUp to £61,107Ranging upwards from skin injuries caused by blunt trauma, heat or sharp edges (cuts, bruises, burns, etc.) through broken bones, and all forms of STI such as sprains and strains, to some loss of use of the ankle.
Injured footMinor up to very severeUp to £96,107Ranging upwards from injuries caused by sharp edges, or needlestick injuries such as cuts and lacerations, as well as blunt trauma bruising and burns, through all forms of STI and fractures, to amputation or paralysis of a hand.
Injured legMinor up to severeUp to £119,207Ranging upwards from cuts, bruises, burns and other skin injuries, through broken bones, and all types of soft tissue injuries, to amputation or loss of use of the leg.

We recommend that you talk to a personal injury solicitor, to get a more accurate estimate of the level of compensation that you could be able to claim.

What Could I Claim If The Restaurant Was Responsible For My Injury Or Illness?

If you have been the victim of an accident in a restaurant, making a successful claim could result in a settlement being offered, made up of different kinds of damages, such as:

  • Compensation for physical harm (general damages):
    • For loss of life quality.
    • For permanent disability.
    • For long and painful recovery.
    • For psychological damage.
    • For pain and suffering.
    • For mental shock and trauma.
  • Compensation for monetary and other losses (special damages):
    • For lowered income potential.
    • For loss of earnings.
    • For the cost of care.
    • For medical fees.
    • For travel costs.

We recommend that you speak to a personal injury lawyer, to learn the kinds of damages that you could be able to claim for.

Restaurant Health And Safety Guidelines

Every food outlet has a restaurant duty of care to customers, and also to staff. This duty of care includes compliance with all applicable regulations laid out y the Health & Safety Executive. H&S for food outlets covers topics such as:

  • Risk identification and mitigation.
  • Staff safety training.
  • Applying food safety standards.
  • Workplace health related to chemicals use and ventilation.
  • Equipment safety.

These are some of the larger topics covered by H&S legislation. Every restaurant, fast food outlet, café, or any other hospitality company serving food, must comply with all applicable rules at all times. A failure to do so, resulting in harm to a patron or member of staff, could see the business in breach of H&S compliance, and liable for compensation. More information can be found at this link:

Catering Health & Safety

Catering And Hospitality Industry Injury Or Illness Statistics

The Health & Safety Executive has published some top-level statistics related to workplace accidents. Within which, we find that accommodation and food service related businesses have one of the lowest accident and injury rates, with around 2,300 incidences of injury per 100,000 workers.

When we drill down into available data provided by the H&SE, we find the most common types of injuries to be:

  • Slips, trips and falls (31%).
  • Manual handling accidents (21%).
  • Struck by a moving object (10%).
  • Falling (from a height) (8%).
  • Violence and assault (7%).

Public Place Accident In A Restaurant Eligibility Criteria

The Occupiers Liability Act (1957), contains regulations related to restaurants responsibility for injury and any accidents in a public place. When a restaurant fails to meet all regulatory obligations such as those in the aforementioned act, H&S legislation, the Food Safety Act 1990, the Food Hygiene (England) Regulations 2006, and others, they could be liable to pay compensation for any harm caused by this failure. However, in order for a person to be eligible to claim, they will need to fulfil the following criteria:

  • Been the victim of harm due to negligence, error, omission or oversight on the part of a third party.
  • Have suffered physical harm, or financial loss.
  • Be able to prove that a third party was the cause of the harm suffered.

We recommend you speak with a solicitor, to check whether you are eligible to make a claim.

Slips Trips And Fall Public Accidents In A Restaurant

If you fell in a restaurant, then you need to know that if it can be proven that the owner was responsible for slip and falls in restaurants, then it could be possible to make a claim. These simple accidents can be caused by hazards such as:

  • Water or food spilt on the floor.
  • Torn carpets.
  • Broken floor tiles.
  • Cracked or uneven pavements.
  • Cleaning materials causing an obstruction.

If the restaurant operator is found to have been the cause of hazards such as those mentioned above, then any harm the hazard caused, could become the basis of a claim.

Could I Claim If I Slipped And Fell On A Wet Floor In A Restaurant?

If you have slipped in a restaurant on a wet floor, you could have a valid reason to make a compensation claim. The restaurant owner is obliged to meet all H&S obligations at all times. Under H&S guidelines, all water hazards must be signposted clearly as a hazard, with a proper sign, until they have been cleaned up. Therefore, if you slip on a patch of water that has not been signposted, you could have a valid reason to make a claim.

Burned By Foods, Drink, Or Kitchen Equipment In A Restaurant

An obvious hazard that could cause accidents in restaurants, is hot food and drink being spilt. If you are burned or scalded by hot food or drink, as a member of staff is serving you, then it could be that the restaurant is liable for the injury. This could also be true if you are working in a restaurant kitchen and you suffer a burn or scald due to hot food, drink or even equipment such as an oven.

Accidents Caused By Broken Or Damaged Facilities

The facilities, amenities, fixtures and fittings of a restaurant can pose a number of possible health hazards that could cause an accident that results in a personal injury claim, such as:

  • Damaged chairs.
  • Faulty bathroom water heating.
  • Cracked cups or glasses.
  • Broken glass or a mirror in a bathroom.
  • Broken cutlery.

Hazards such as these, if they cause an injury, could be the basis of a claim if it can be proven the restaurant was at fault.

Restaurant Broken Chair Accident Claims

If a chair is broken, causing an accident hazard, what happens if you fall in a restaurant? A possible answer would be that if it can be proven that the restaurant has been negligent in their duty to maintain a safe environment, then you could be able to make a claim for the harm suffered.

Allergic Reactions To Food In A Public Restaurant

Allergic reactions and other food-related illnesses, could be valid reasons to sue a restaurant. All allergen content of food must be disclosed. If the restaurant fails to clearly highlight allergen content, or a member of the service staff gives incorrect information about allergen content, it could be possible to make a claim of the omission causes harm.

Liability And A Restaurants Duty Of Care To The Public

Every food outlet has a duty of care towards employees and members of the public. Duty of care in a restaurant would cover issues such as:

  • Having current public liability insurance.
  • Complying with all health and safety
  • Ensuring staff are trained in health and safety.
  • Identifying and mitigating health hazards.
  • Providing a safe, hazard-free environment staff and the public.

If you, suffer an injury as a member of the public, or an injury at work as a staff member, then if it can be proven the restaurant failed in its duty of care, it could be possible to claim.

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

Using a No Win No Fee claims service is a financially risk-free way to have your claim processed. There would be no charge to begin your claim, no charge while your claim is processed, and no charge if your solicitor does not win you a settlement. Your legal team will only take their fee when successful, deducting their fee from the money they have received on your behalf, before passing you the remainder.

How We Could Help You Make A Compensation Claim For An Accident In A Restaurant

Have you been inured due to the actions of a restaurant or one of its staff? Do you believe you have valid cause to make a claim? Do you need to find a solicitor that specialises in public injury claims? If so, you could speak to the ProLawyers claims team on 0800 408 7848. They will be able to go over your situation with you, answer your questions, and explain how their claims service can be of help to you.

References And Other Guides

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