Property owners and occupiers have a legal duty to keep all public premises safe for visitors. If you were injured in a public place due…
Compensation for cafe and coffee shop accidents
If you’ve been injured in a coffee shop or cafe due to the negligence of the owner, you may have grounds to make a coffee shop accident claim.
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Coffee Shop Accident Claims
Coffee shops are popular places for social or business meetings or for simply grabbing a quick morning coffee. However, accidents can and do happen in cafés and coffee shops. If you or a loved one were injured due to negligence, you may be able to make a coffee shop accident claim.
An unexpected incident in a coffee shop can lead to painful injuries and disrupt your work and daily life. This could be due to a slippery floor, a falling object, a scalding hot drink or contaminated food.
Whether you suffered a burn, laceration, broken bone or food poisoning, our team of specialist solicitors is here to help you claim compensation for your pain and suffering.
To get started with a claim, call 0800 470 0474 today or enter your details into our online claim form to receive a call back.
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Table of Contents
Am I eligible to make a coffee shop accident claim?
You may be eligible to make a personal injury claim if you had an accident in a coffee shop and you can prove the following:
- The café owed you a legal duty of care.
- They breached this duty through negligence.
- You suffered an injury or illness as a result.
- You are within the time limit to start a claim (usually three years).
An initial, free consultation with an expert personal injury solicitor can quickly help determine if your circumstances meet these eligibility criteria. If you can proceed, they will help you make a claim on a no win no fee basis.
They will also help you gather supporting evidence, handle all communication with the defendant and negotiate the maximum settlement on your behalf.
What duty of care do cafés owe to customers?
Under the Occupiers’ Liability Act 1957, coffee shop owners and operators have a legal duty to ensure their premises are safe for visitors. This includes:
- Conduct regular inspections to identify potential hazards.
- Ensure furniture, fittings, and equipment are safe and well-maintained.
- Keep floors clean, dry and without defects that could lead to a slip or trip.
- Provide clear warning signs for hazards that cannot be immediately addressed.
- Ensure all employees are properly trained in health and safety procedures.
- Make sure food and drinks are safe for consumption.
Failing to meet these reasonable standards can make the coffee shop liable for accidents and injuries that occur on the premises.
What types of accidents can happen at coffee shops?
Despite their cosy appearance, various accidents can happen at cafés due to the handling of hot liquids and a fast-paced environment. Common types of accidents that could lead to successful compensation claims include:
Slips, trips and falls
Slips, trips and falls are some of the most frequent types of accidents in public places, and they can be caused by factors such as:
- Wet floors from mopping without adequate warning signs
- Slippery floors due to spilt drinks that are not cleaned promptly
- Items such as boxes or cleaning equipment left in walkways
- Icy or wet entrances during bad weather
Falling objects
If not properly secured, items such as staked stock, display signs or fixtures can fall and strike customers, potentially causing severe cuts and head injuries. This can be due to careless storage or poor maintenance.
Defective equipment
Faulty coffee machines, refrigerators, or other machinery in the coffee shop can cause accidents and injuries such as burns or electrocution. If these are not adequately maintained, the café may be held liable for negligence if a worker or customer is injured.
Furniture incidents
The furniture in coffee shops gets plenty of use and can quickly wear down. That’s why it needs to be regularly inspected to ensure it is not damaged in any way. Otherwise, accidents could happen, such as:
- Falls from broken chairs
- Hot drinks falling on you from an unstable table
- Cuts or lacerations from sharp edges
Food and drink incidents
Accidents involving food and drinks include allergic reactions, food poisoning and spills causing burns. They are often due to inadequate staff training, poor hygiene, cross-contamination or a lack of allergen information.
Car park accidents
Some coffee shops have private car parks where accidents could occur due to potholes, poor lighting, or inadequate signage.
Common injuries that could lead to a coffee shop claim
Accidents in coffee shops, even seemingly minor ones, can result in a range of injuries, some of which can be quite severe and have long-lasting effects. These include:
- Cuts and lacerations: from falls, broken glass or sharp edges. These may potentially need stitches and leave scars.
- Sprains and strains: from slips, trips and falls, often affecting the knees, ankles and wrists. They can cause pain and limited mobility.
- Burns and scalds: from hot drinks, surfaces or electric shocks. Severe burns can cause blistering, scarring and deep tissue damage.
- Head injuries: from falls or being hit by falling objects. These can range from mild bumps and concussions to severe brain injuries.
- Back injuries: falls can cause slipped discs, muscle strains, or more serious spinal damage. These can lead to chronic pain, mobility issues or nerve damage.
- Food poisoning: from improperly cooked foods, poor hygiene or expired items. It can cause vomiting, diarrhoea, stomach cramps and dehydration.
- Allergic reactions: from cross-contamination or inadequate labelling. These can range from mild rashes to severe anaphylaxis that needs emergency care.
What evidence do I need to support my coffee shop accident claim?
Evidence is essential to support a successful coffee shop accident claim and could include:
- Photos of the accident scene and your injuries.
- Medical reports detailing your diagnosis and treatment.
- Witness statements from people who saw the accident.
- Your testimony about the events and how they have affected your life, including your symptoms and pain levels.
- A copy of an incident report filed with the café owner/operator.
- CCTV footage, if available.
- Proof of financial losses, such as payslips for lost earnings and receipts for prescriptions.
The more information and documentation you can provide, the stronger your coffee shop injury claim will be.
Can I make an accident claim as a coffee shop employee?
As a coffee shop employee, you are owed a duty of care by your employer under the Health and Safety at Work Act 1974, which includes:
- Maintain equipment, such as coffee machines and dishwashers.
- Provide proper health and safety training.
- Offer adequate protective equipment if needed.
- Fix damaged furniture or fixtures.
- Practice good housekeeping to prevent slips, trips and falls.
- Provide adequate breaks.
If your injury resulted from unsafe working conditions, lack of training or faulty equipment, you may be able to make an accident at work claim. You’re also protected from unfair dismissal or retaliation for making a claim by the Employment Rights Act 1996.
What if the coffee shop denies liability for my accident?
It is not uncommon for a coffee shop or other business to initially deny liability. This is often a tactic to test the strength of your case. However, it does not mean your claim is over.
If liability is denied, your solicitor will continue to gather evidence to prove a breach of duty and present it to the defendant’s insurer. If they still deny it and the evidence is strong, your solicitor may advise starting court proceedings.
This does not mean that your claim will go to court. You can still negotiate a settlement at any stage right up to the trial date, which usually happens. You can read more about this here: How many personal injury claims go to court?
Only a small percentage of personal injury claims actually go to a full trial. If your case does proceed to court, a judge will hear all the evidence from both sides and make a decision on liability and the amount of compensation that should be awarded if successful.
Time limits to start a claim following an accident in a cafe
You typically have three years from the date of the accident to start a personal injury compensation claim. This is known as the limitation period and is established under the Limitation Act 1980, with the following exceptions:
- Accident claims involving children: The three-year period only begins to run on a child’s 18th birthday. Before that, a parent or guardian acting as their litigation friend can represent them at any time.
- Lack of mental capacity: There is no time limit for making a claim on behalf of someone who lacks the mental capacity to manage their own legal affairs.
How much compensation could I receive for a coffee shop injury claim?
Your compensation payment depends on the severity of your injuries and their impact on your life. This will include two types of damages:
- General damages for pain, suffering and loss of amenity. This takes into account physical pain, discomfort, emotional distress and impact on your hobbies and daily activities.
- Special damages for financial losses and expenses related to the accident. Examples include loss of earnings from time off work, medical treatments, travel expenses and care costs.
While a mild burn could be worth a few thousand pounds, a severe fracture or head injury could result in significantly higher awards.
You can use our personal injury compensation calculator to get a better idea of your potential compensation amount within minutes.
How long will my coffee shop injury claim take?
The time it takes to settle a coffee shop claim can vary depending on several factors, but most cases are resolved within 6 to 18 months. The following factors can affect the length of your claim:
- The severity and complexity of your injuries
- The admission or denial of liability – the sooner liability is admitted, the better
- The availability and strength of evidence
- The cooperation from the defendant or their insurer
- The need for court proceedings – settling out of court is typically quicker
You can read more on this here: How long does a personal injury claim take?
Will my personal injury solicitor offer me a No Win No Fee service?
If you are entitled to compensation for a coffee shop accident, your solicitor will represent you on a no win no fee basis, also known as a conditional fee agreement (CFA). That means:
- You won’t pay any legal fees upfront.
- If your claim is unsuccessful, you won’t pay your solicitor at all.
- If you win, a success fee is deducted from your compensation. This is agreed upon from the beginning and capped by law at 25% of the settlement amount.
To find out if you are eligible to start a no win no fee compensation claim, call us on 0800 470 0474 or request a call back. You will receive a free consultation with a friendly legal adviser, with no obligation to proceed.
