Restaurant Accident Claims

Going out for a meal at a restaurant is a pleasure enjoyed by couples, families and friends across the UK. Whether you want Chinese, Indian, Italian or British cuisine, the UK has thousands of restaurants to suit all tastes and budgets.

Regardless of whether you enjoy the food and service provided, the vast majority of restaurant visits are at least safe. Laws are in place to protect consumers by ensuring that all restaurants meet health, safety and hygiene standards.

Restaurant owners owe a duty of care to all their customers, visitors, and staff members, which means that there should be no unreasonable risk of harm. Restaurants that breach this responsibility may be liable to pay you accident compensation if you have suffered an illness or injury as a result of their negligence.

Whether you have suffered from food poisoning, slipped on a wet floor or been burnt by a clumsy waiter, you could be entitled to make a no win no fee* restaurant accident claim.

If you would like to speak to a friendly legal adviser to find out if you could be entitled to claim compensation, call free on 0800 470 0474. Alternatively, if you would prefer somebody to give you a call, enter your details into our online claim form, and a legal adviser will be in touch asap.

Can I make a restaurant accident or illness claim?

You should be eligible to make a restaurant accident or illness claim if:

• the accident or illness happened within the last three years, and;
• somebody else’s negligence caused it, and;
• that person or company owed you a duty of care.

If you can answer yes to each of the above statements, there is a good chance that you would have a valid restaurant injury compensation claim. But don’t worry if you are unsure, as you can receive a free case assessment with an experienced legal adviser by calling 0800 470 0474 or entering your details into our online claim form.

Do restaurants owe a duty of care to customers?

Yes, restaurants owe a duty of care to customers. That means they are responsible for ensuring their premises and products are safe and taking reasonable steps to prevent accidents or injuries from occurring.

When visiting a restaurant, it is reasonable to expect two things:

• That the premises are free of hazards that could cause accidents
• That the food is safe to consume and will not cause an illness

The owner or manager of a pub, cafe or restaurant owes you a duty of care to protect you from both of these things. This means you could start a restaurant accident claim against them if you suffer any damages due to their negligence.

To fulfil their duty of care towards you, they must implement various safety measures, which may include:

• Maintain a safe environment by promptly removing spilt food and drinks to prevent slips and falls;
• Provide adequate training to staff to handle hot food and drinks safely and prevent accidents involving burns and scalds;
• Ensure that food is prepared and served in a safe manner and maintain clean and suitable kitchen facilities;
• Make sure that cooks are adequately trained and qualified to prepare food to avoid food poisoning;
• Identify potentially harmful ingredients in foods that may cause allergic reactions to people with food allergies.

If you were injured or became ill as a result of the restaurant’s negligence, the restaurant may be held liable for restaurant accident compensation. You can confirm that there has been a breach of duty of care towards you by calling free on 0800 470 0474 or arranging a call back.

If your case has merit, the solicitors we work in partnership with will offer you a no win no fee agreement so you can claim without any upfront costs or financial risk.

What types of injuries are caused in restaurants?

The law sets out how a restaurant must operate to ensure that they are safe environments for both visitors and employees. The specific legislation that governs this area regarding visitors is the Occupiers’ Liability Act 1957. This details the duty of care that restaurant owners owe to people who visit their premises, which includes customers, employees and visitors.

If the management of a restaurant fails to observe its duty to provide safe premises, they may be liable for a restaurant accident claim. Some of the most common causes of injuries sustained in a restaurant include:

• Trips and falls due to wet floors, spillages or obstacles
• Spilt hot food and beverages causing burn injuries
• Food poisoning
• Food containing foreign objects, such as glass or plastic
• Unsafe premises and facilities
• Falls caused by poor lighting, badly fitted flooring or staircases that have not been maintained properly
• Car park accidents caused by poorly maintained areas, slippery surfaces or neglected grounds.

The above are just a few of the potential restaurant accidents and scenarios that could result in an injury or illness. But no matter what type of accident you have had, if you have suffered an injury or illness and feel that a restaurant was at fault, you could have a valid restaurant injury claim.

Can I claim for illness caused by eating at a restaurant?

The standard of hygiene and the methods of storage, preparation and service can be the cause of illnesses in a restaurant. If the legal guidelines for food management are not followed correctly, food poisoning can quickly occur. Depending upon the severity of the poisoning and the health of the victim, the consequences can be severe.

The Food Safety Act 1990 sets out the laws that restaurants must follow regarding how food should be handled, stored, and prepared. The legislation aims to protect restaurant customers by detailing the risks of food contamination and preparation and establishing the practices that all restaurants must adopt regarding hygiene and food safety.

Similar legislation appropriate to restaurant management and practice includes the Food Hygiene (England) Regulations 2006, which helps to detail the roles of various staff members in a restaurant and communicates the potential risks of certain food groups and possible allergens.

If a restaurant falls below the expected food hygiene and safety standards causing you to suffer from food poisoning or any other illness, you may be entitled to make a restaurant accident compensation claim.

For a free consultation with a friendly legal adviser, call 0800 470 0474 or request a call back using our online claim form. In as little as 10 minutes, you can find out if you have a valid claim and ask any questions you may have about the claims process.

How to make a restaurant accident claim

The first step you should take following an accident or injury in a restaurant is to have the event recorded in the accident book of the premises. Details should be taken by the management and recorded in their accident book in order to comply with their legal obligations.

This record will be requested by your solicitor and used as evidence during the negotiations for injury compensation at a later date.

It is usually possible for you to make a restaurant accident claim even if the event was not recorded. However, the record and report to management serve as valuable evidence for a future claim.

Your solicitor will request a detailed account of the accident from you, including the time, date, location and circumstances of the incident. To help strengthen your claim, you should try to gather as much evidence as possible.

Evidence that can be used to support your restaurant accident claim could include the following:

• Medical reports.
• Photographs of what caused your injury or illness, such as damaged flooring, foreign objects in food or meat that has not been cooked properly.
• Witness statements from anybody who saw your accident or who also suffered from food poisoning when eating at the restaurant.
• Receipts for expenses related to your claim, such as medication costs and transportation costs to doctors or hospital appointments.

The more evidence you can provide to support your claim, the stronger your case will be and the more likely you will make a successful compensation claim.

Making a claim for restaurant induced illness

To make a successful case against a restaurant for an illness you suffered because of a breach of the duty of care owed to you, it must be proven that there was a fault on the part of the defendant (the restaurant).

It can be challenging to prove that an illness such as food poisoning was caused by a restaurant, as there may be several possible sources for the illness. For example, as the symptoms of food poisoning may not develop for several hours after you eat the offending food, you may have eaten something else in between. It can therefore be difficult to pinpoint exactly what caused the illness.

Hospital investigations may help prove the cause of the food poisoning or infection, and assessments of the restaurant’s hygiene levels can help confirm the cause of the illness.

If more than one person has suffered the same illness after eating at the restaurant, this can also help establish the root cause of the problem and negligence on the part of the restaurant.

Allergic reactions usually present themselves quickly. So in many cases, a victim who has suffered from an allergy will know that the food from the restaurant was the cause.

Restaurants that have contaminated dishes with ingredients such as nuts or that do not communicate the potential risk of contamination would be considered negligent in their duty of care. If this results in somebody suffering an injury or illness, the restaurant could be liable to pay compensation following a restaurant illness claim.

Is there a time limit to make a restaurant accident claim?

As with most personal injury claims, there is a three year time limit from the date you suffered an injury or illness in a restaurant to make a compensation claim.

This three year time limit is known as the limitation date. If you don’t start your restaurant accident or illness claim before this date, you will no longer be eligible to claim.

However, it is important to note that there are a few exceptions to this rule, which are as follows:

• In some cases, you might not realise you have suffered an injury or illness until a later date. In these situations, the time limit will begin to count down on the date you learned of your illness or injury. This is referred to as the date of knowledge and could be the day a doctor gives you the diagnosis.
• If a child is injured in a restaurant, a parent or legal guardian can make a personal injury claim on their behalf at any point before their 18th birthday. If a claim isn’t made on their behalf, they can start a claim themselves once they become an adult. They would then have until their 21st birthday to start their claim.
• If an adult suffers serious injuries or illness due to restaurant negligence that renders them unable to make a claim, the time limit may be extended. Instead of the countdown beginning on the date of the restaurant accident or illness, it may instead begin on the recovery date. This would be the date that a doctor has certified you as mentally or physically well enough to manage your claim.
• There is no time limit applied if an adult lacks the mental capacity to be able to manage legal affairs. This could be due to conditions such as Downs Syndrome, Autism or Alzheimer’s Disease. In these situations, a friend or family member can claim on their behalf at any point by being appointed as their litigation friend.
• The time limit can vary if you are injured or suffer an illness from eating in a restaurant abroad. In these circumstances, the time limit will depend on the country you were in and whether the restaurant was included as part of a package holiday (such as a hotel restaurant).

Regardless of which time limit applies to your case, it is always best to start a restaurant accident claim as soon as possible after the injury or illness. This can increase your chances of making a successful claim as it is often easier to gather strong supporting evidence closer to the accident or illness date.

If you are unsure if you have a valid claim or would like some further information about the time limits involved, you can arrange a call back or call 0800 470 0474 to speak to a friendly legal adviser.

How much does it cost to make an injury claim against a restaurant?

Legal fees and costs are an important consideration and can often be a barrier that stops people from pursuing a claim for compensation. However, this should not be the case.

If you have a valid restaurant accident or illness claim, your personal injury solicitor will be able to offer you a no win no fee service. This enables you to make a restaurant accident claim and get the compensation you deserve without worrying about legal fees.

There are no upfront costs to worry about with the no win no fee service. And if your solicitor is unable to win your injury claim, you won’t pay a penny.

You will only need to pay a fee if your claim is successful. This fee will be a pre-agreed percentage that can be no more than 25% of the awarded compensation.

Call 0800 470 0474 or arrange a call back for a free case assessment with a trained legal adviser to find out if you have a valid compensation claim. You can find out within a matter of minutes if you are eligible to make a claim and ask any questions you may have about the process.

How much compensation will I receive if I win my restaurant accident claim?

The amount of compensation you may receive for a restaurant injury claim depends on various factors, such as:

• The extent and nature of your injuries
• The cost of any medical treatment or therapy required
• Any loss of earnings or future earning capacity
• The impact of the injuries on your quality of life

The compensation is intended to put you back in the position you would have been in had the accident not occurred. Your solicitor will consider the costs of your medical treatment, any lost income, and any other expenses you may have incurred due to the accident to make sure you are fully compensated.

It is also important to note that the compensation is divided into two parts:

General damages are intended to compensate you for the pain, suffering and loss of amenity caused by your injury, such as:

• Physical pain and suffering
• Mental anguish
• Loss of consortium or companionship
• Reduced quality of life
• Physical impairment and embarrassment
• Decrease in the enjoyment of life

Special damages aim to reimburse you for any financial losses, such as loss of earnings and medical expenses, including:

• Medical expenses like prescription costs, diagnostic tests and physiotherapy
• Loss of income during recovery
• Loss of earning capacity
• Adaptations to your house or vehicle to support a disability
• Costs of counselling and physical therapy
• Costs of care and assistance with daily tasks

The compensation amount can vary widely, depending on the facts and circumstances of your case. It is essential to consult with a personal injury solicitor who will be able to advise you on the potential value of your claim and guide you through the claims process.

Based on the guidelines offered by the Judicial College, you could receive the following awards for general damages in a successful restaurant accident claim:

• £910 to £3,950 for food poisoning causing varying amounts of disabling pain, cramps and diarrhoea lasting for up to several weeks
• £9,540 to £19,200 for short-lived but severe food poisoning
• £38,430 to £52,500 for severe toxicosis that may cause pain, diarrhoea, vomiting and lead to irritable bowel syndrome
• £15,320 to £46,780 for moderate leg injuries leading to some long-term mobility issues
• £11,730 to £42,710 for ankle fractures or ligament tears causing disability
• Up to £12,900 for minor foot injuries with complete recovery within two years
• Between £3,150 and £104,370 for a pelvis or hip injury, based on the severity
• £22,130 to £30,910 for moderate back injuries that require surgery and cause some degree of disability
• £40,410 to £85,150 for moderate brain injuries affecting concentration and memory
• £4,670 for mental anguish, such as fear of death or reduced life expectancy
• £3,950 to £8,180 for PTSD with complete recovery within a year or two

You can learn more about your compensation prospects by using our online compensation calculator. Alternatively, you can call 0800 470 0474 or arrange to receive a call back from an experienced legal adviser and discuss your case.

Can I claim for injuries caused by a food allergy reaction in a restaurant?

If you have suffered an extreme allergic reaction, such as an anaphylactic shock, after eating at a restaurant, you could be entitled to claim restaurant accident compensation. Restaurants have a very high duty of care for their customers. They should be aware of common food allergies and help customers understand the ingredients in their products before ordering.

Common food allergens include nuts, eggs, milk, dairy, wheat, gluten, molluscs and fish. The immune system can react to certain proteins found in food as if they were harmful invaders. This reaction can cause a wide range of symptoms, from mild to severe, and can occur within minutes or several hours after eating the food, such as:

• Swelling around the eyes, lips and tongue, known as angioedema
• Itchy red rashes or urticaria
• Vomiting
• Itching inside the mouth, ears or throat

A severe allergic reaction, known as anaphylaxis, can be life-threatening and requires immediate medical attention. Symptoms of an anaphylactic shock can include:

• Swelling of the face, lips, tongue, or throat
• Hives, itching, or redness of the skin
• Difficulty breathing or swallowing
• Nausea, vomiting, diarrhoea
• Abdominal pain
• Rapid or weak pulse
• Dizziness or fainting
• Loss of consciousness

Food allergy accidents can happen in restaurants or other food providers for various reasons. You might have a valid restaurant injury claim if your allergy was due to the following:

• Cross-contamination and accidental allergic reactions
• Neglecting to safeguard consumers and inform them of prevalent allergies like peanuts
• Providing inaccurate information to customers about the ingredients in their products
• The staff giving inaccurate data when customers inquire about allergens
• Failure to react appropriately when someone experiences an adverse reaction

If you believe you have been a victim of negligence, you can call 0800 470 0474 or arrange a call back for free legal advice. A friendly legal professional will examine your situation and let you know if you qualify to make a restaurant injury claim.