Eating out is always exciting and fun. You can try out countless new dishes, and it saves you the time and energy required to cook…
Make a restaurant accident or illness claim
If you’ve suffered an injury or illness due to the negligence of a restaurant, we can help you make a restaurant accident claim with a No Win No Fee service
We are a claims management company regulated by the Financial Conduct Authority.
Restaurant Accident Claims
Restaurant owners owe a duty of care to all their customers and staff, meaning there should be no unreasonable risk of harm. If this duty is breached and you suffer an injury or illness, you may be eligible to make a restaurant accident claim.
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 compensation claim.
To find out whether you have grounds for a claim, call 0800 470 0474 or enter your details into our online claim form. You will receive a free case assessment with an experienced legal adviser.
Key points about restaurant accident claims
- Am I eligible to claim?
You may be entitled to claim if you were injured in a restaurant due to a spill, poor lighting, food poisoning, faulty furniture or unsafe premises. - Who is at fault?
The restaurant owner or operator is usually responsible for maintaining a safe environment for customers. - How long do I have?
You generally have 3 years from the date of the accident to make a claim. - What can I claim for?
You can claim for your injury, lost earnings, medical expenses, and travel or care costs related to your accident. - Will I have to pay legal fees?
Your solicitor will handle your claim on a no win, no fee basis, so there’s no upfront costs and nothing to pay if your claim doesn’t succeed.
If you would like to speak to a legal adviser about making a claim, call free on 0800 470 0474 or click here to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
Table of Contents
Can I make a restaurant accident compensation claim?
Yes, you should be eligible to claim compensation for an accident at a restaurant 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.
Do restaurants owe a duty of care to customers to prevent accidents?
Yes, restaurants owe a duty of care to customers under the Occupiers’ Liability Act 1957. This means that, when visiting a restaurant, it is reasonable to expect that:
- The premises are free of hazards that could cause accidents.
- The food is safe to consume and will not cause illness.
Key aspects of the restaurant’s duty of care include:
- Promptly clean spills and remove hazards to prevent slip, trip and fall accidents.
- Provide proper staff training to ensure hot food and drinks are handled safely.
- Ensure that food is prepared and served in a safe manner.
- Maintain clean and suitable kitchens and facilities.
- Ensure cooks and food handlers are fully trained and qualified.
- Clearly specify allergens on menus and food labels.
A breach of these duties that results in an accident and injury may give rise to a public liability 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.
There are a few exceptions to this rule:
- Child injury claims can be made by a parent or legal guardian at any point before the child’s 18th birthday. Afterwards, they have until their 21st birthday to start a claim themselves.
- There is no time limit if an adult lacks the mental capacity to be able to manage legal affairs. In these situations, a friend or family member can claim on their behalf by being appointed as their litigation friend.
- The time limit can vary if you are injured or suffer from an illness from eating in a restaurant abroad.
How do I make a restaurant accident claim?
If you were injured in a restaurant because of unsafe conditions or negligent service, you may be able to claim compensation. The steps you should take are:
- Get medical treatment as soon as possible to have a doctor assess the nature and severity of your injuries.
- Report the accident and have it recorded in the accident book of the premises.
- Gather as much evidence as possible, including photos of the accident scene, medical records and records of your losses.
- Contact a personal injury solicitor to assess the strength of your claim.
- Send a letter of claim to the defendant outlining your allegations.
- Negotiate a compensation settlement or issue court proceedings if liability is denied.
How much compensation will I receive if I win my restaurant accident claim?
The type and severity of your injuries will largely determine how much compensation you could receive for your accident. It is important to note that the compensation amount is divided into two parts:
- General damages are intended to compensate you for the pain, suffering and loss of amenity caused by your injury.
- Special damages aim to reimburse you for any related financial losses, such as loss of earnings and medical expenses.
Based on the guidelines offered by the Judicial College, you could receive the following amounts of compensation for general damages in a successful restaurant accident claim:
| Injury Type | Compensation |
|---|---|
| Food poisoning causing stomach pain, cramps and diarrhoea lasting a few weeks | £910 to £3,950 |
| Short-lived but severe food poisoning | £9,540 to £19,200 |
| Severe toxicosis that may cause pain, diarrhoea, vomiting and lead to irritable bowel syndrome | £38,430 to £52,500 |
| Moderate leg injuries leading to some long-term mobility issues | £15,320 to £46,780 |
| Ankle fractures or ligament tears causing disability | £11,730 to £42,710 |
| Minor foot injuries with complete recovery within two years | Up to £12,900 |
| Back injuries that require surgery and cause some degree of disability | £22,130 to £30,910 |
| Moderate brain injuries affecting concentration and memory | £40,410 to £85,150 |
| Post-traumatic stress disorder with complete recovery within a year or two | £3,950 to £8,180 |
Can I make an injury claim against a restaurant on a No Win No Fee basis?
Yes, if you have a valid restaurant accident or illness claim, we will pair you with a specialist no win no fee solicitor. This way, you can make a restaurant accident claim and get the compensation you deserve without worrying about legal fees.
The no win no fee service means:
- There are no upfront costs to worry about.
- You won’t pay a penny if your claim is lost.
- You only pay a fee if your claim is successful (a pre-agreed percentage capped at 25% of the awarded compensation).
Frequently asked questions
You could use the following types of evidence to support a personal injury claim for an accident in a restaurant:
- Photos and videos of the accident scene, the hazard and your injuries.
- CCTV footage, if available.
- A copy of an accident report from the restaurant.
- Witness statements and your own testimony.
- Medical records confirming your injuries and treatment.
- Food samples or a copy of the menu card listing.
- Evidence of financial losses and expenses.
Yes, you could make an accident at work claim if you were injured working in a restaurant. Your employer owes you a legal duty of care under the Health and Safety at Work Act 1974 and may be liable for any harm caused by a breach of these duties, such as:
- Not providing adequate training, including for safe manual handling.
- Poor maintenance of equipment.
- Failing to provide a safe work environment.
- A lack of personal protective equipment (PPE).
- Failing to enforce health and safety policies.
Both staff and customers could suffer accidents and injuries at a restaurant, such as:
- Slips, trips and falls due to wet floors, spillages or obstacles.
- Burn injuries from hot food, beverages, ovens and equipment.
- Food poisoning and allergic reactions to food and chemicals.
- Injuries from food containing foreign objects, such as glass or plastic.
- Restaurant car park accidents from potholes and slippery surfaces.
- Being hit by falling objects stored unsafely on shelves.
- Manual handling injuries from heavy or repetitive lifting.
Yes, if you suffered from food poisoning or any other illness after eating at a restaurant, you could make a compensation claim.
Under the Food Safety Act 1990 and the Food Hygiene (England) Regulations 2006, restaurants must follow strict guidelines to prevent foodborne illnesses. To have a valid claim, you do not need to prove restaurant negligence, but only that:
- The food served to you was not safe to eat.
- You were diagnosed with food poisoning.
- The illness was caused by consuming the unsafe restaurant food.
Yes. You might have a valid restaurant injury claim if your allergy was due to the following:
- Cross-contamination of allergens.
- Failing to warn about common allergens, such as peanuts.
- Providing incorrect or misleading ingredient information.
- Staff giving inaccurate answers when asked about allergens.
- Failure to respond appropriately to an allergic reaction.
Restaurants have a very high duty of care for their customers. They should be aware of food allergies and help customers understand the ingredients in their products before ordering.
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 restaurant accident claim and ask any questions you may have about the claims process.
Related Articles
