Restaurant Accident Compensation Claims Guide – Find Out How To Claim?

 By Joanne Jeffries. Last Updated 13th April 2022. Welcome to our guide, where we will be taking the time to discuss restaurant accident compensation. Throughout this guide, we shall provide restaurants accident compensation and outline how a personal injury lawyer could offer to handle your claim could be handled under a No Win No Fee agreement. We explain  what to do when you get injured at a restaurant, offering insight into restaurant negligence cases. Further to this, we also answer common questions such as ‘What are the most common accidents in a restaurant?’ and explain how to sue a restaurant for negligence.

What to do when you get injured at a restaurant

When we go to a restaurant (or any eatery), we expect to enjoy a good meal and great service whether we choose to dine on our own, with a partner, children, or friends. We don’t expect to take a trip to the hospital because of allergic reactions or injuries. However, there are cases when this happens. A bout of food poisoning may be the most obvious illness associated with accidents in restaurants. Still, several other types of injuries and incidents can happen in any restaurant in any town city or country. This includes everything from slips and trips to experiencing a broken tooth at a restaurant.

Waiter holding too many plates

Restaurant accident compensation claims

No matter what has happened to you in a restaurant, you will be able to claim compensation if you can prove that the incident was not your fault and was indeed the restaurant’s fault. This is something we can help you to do at Accident Claims UK. We have years of experience in restaurant accident compensation claims, and you can reach our friendly team on 0800 073 8801.

But before you give us a call, make sure you read on to find out everything you need to know regarding claiming for an accident that occurred in any type of restaurant or eatery. We have prepared a lot of information to help you understand the complexities behind a claim, and it includes a lot of information that you might not have been privy to before.

Select a section

A guide to restaurant accident compensation claims

A restaurant or café injury or accident is essentially any type of incident that has taken place in a food or drinks establishment that has caused an illness or injury. This could be anything from suffering food poisoning to slipping in a restaurant because of poor maintenance. In this guide, you will discover everything you need to know about restaurant accident compensation claims. This includes details regarding the expected duty of care in a restaurant, food poisoning claims, slips, trips, and falls, the level of compensation you could receive, how to make a claim, and much more. If you still have any queries by the time you finish reading this guide, please do not hesitate to contact more information. You will find our contact details at the end of our compensation guidelines for personal injury cases in restaurants.

What types of injuries and illnesses can you get in a restaurant?

Many different situations can result in someone getting injured at a restaurant or coming down with an illness. Some of the most common types of restaurant mishaps or accidents include the likes of…

  • Physical injuries that have been caused due to an entrance or car park that has not been maintained properly
  • Burn injuries that have been caused by food that has been served too hot
  • Falls caused by damaged furniture, damaged floors, poor lights, or poor railings
  • Slippery and wet toilets
  • Falls or slips on wet floors that have not been correctly signposted
  • Badly cooked food
  • Substandard quality in terms of the beverages and goods served

Food poisoning caused by stale, substandard, or poorly prepared food and drinks

Food poisoning happens when eating contaminated food. If the restaurant has not prepared your meal correctly or used out-of-date ingredients, you may fall sick. This can also happen if they follow unsafe cooking practices, for example, if they use the same utensils for both raw meat and vegetables. Some of the signs that you could have food poisoning include…

  • Feeling generally unwell, for example, having chills and aches or feeling tired.
  • A high temperature of 38C or above
  • Stomach cramps
  • Being sick
  • Diarrhoea
  • Feeling sick

We have helped many people to launch restaurant accident compensation claims for food poisoning. Call us today for more information.

Slips, trips, and falls in a restaurant

I fell in a restaurant, what do I do? You will be pleased to know that we have also launched many restaurant injury and illness negligence claims for slips, trips and falls, so simply give us a call. Many situations could lead to such accidents, including slips caused by slippery accidents due to damaged furniture and poor railings or poor lighting. It is important to note that such accidents can happen to both customers and staff members, and you have a right to claim irrespective of what category you fall into. After all, employers have a duty to ensure that their workforce is safe and their customers.

Need free advice on restaurant accident compensation claims? If so, please call today.

Burns, scalds and similar injuries in a restaurant

Again, these sorts of restaurant accident compensation claims can relate to both customers and members of staff. In terms of customers, such incidents tend to occur when they have been served food that is too hot, or a staff member has dropped something hot onto the customer. For employees, if you have been burnt or scalded due to your own clumsiness, you won’t be able to claim. However, if your employer has encouraged unsafe working practices, allowed you to use equipment that is broken without any warning, or has enabled you to carry out tasks you are not trained for, he or she could be to blame for your burn injury. If so, you can make a restaurant accident compensation claim.

What health and safety duty of care does a restaurant owe customers or staff?

In the UK, all business owners have a responsibility, by law, to make sure their environment is safe for both their workforce and their members of staff. This includes taking action, such as providing the right level of training and carrying out risk assessments. If they fail in this duty, you will be well within your right to claim compensation. You can head to the UK Government’s Health and Safety Executive website for further details regarding the responsibilities to all employers in the UK, including restaurant owners and other types of food and drink establishments.

Statistics for restaurant accidents and illness in the UK

Here are a few statistics regarding restaurant illnesses and accidents in the United Kingdom:

  • The most common restaurant mishaps include hot food and beverage accidents, food poisoning, and slips.
  • To ensure the operator or owner of a restaurant pays compensation, regulations like the Workplace (Health, Safety and Welfare) Regulations 1992 are in according to the HSE, roughly 35 per cent of all reported injuries involving restaurant staff members happen due to falls and s HSE.

What are the long-term effects of an accident or injury in a restaurant?

All restaurant accident and injury cases are different. The long-term implications will depend on the accident that has taken place and the long-term prognosis. Some people are left with physical injuries that will impact them for the rest of their life. There are then those that suffer severe physiological trauma because of what has happened. It is important to recognise that you can claim for both the physical and mental injuries you have suffered. It is also vital to know that your long-term prognosis will be considered when the payout is being determined.

Why should you claim restaurant accident compensation?

You might think that if you’re injured in a restaurant, that it’s just one of those things. You might think it wouldn’t be fair to seek restaurant accident compensation because it could affect the business or the member of staff involved. However, compensation is not a fine or a penalty. It is designed to help you recover from your injuries. The recovery process can cost a lot of money. For instance, injuries sustained in a restaurant could mean you lose income. You may also need to pay for specialist treatment that’s not available on the NHS. These costs could be covered by a compensation payout.

You shouldn’t worry about the impact of your claim on the restaurant either. That’s because restaurant accident compensation claims are made against the establishment’s insurance policy which all businesses must have to cover such a claim. Your claim will be against the insurance policy and therefore won’t affect the restaurant’s profitability.

In summary, claiming for an injury sustained in a restaurant won’t make all of your problems go away. However, any award you receive should a) compensate for any pain caused, b) put you back in the same financial position you were in before the accident and c) help you to cope with any ongoing problems caused by the accident.

Please speak with our team if you would like to know any more about how we can help with the claims process.

What can you claim for after an accident or illness in a restaurant?

If you are suing a restaurant for negligence, you will claim several different things several different things. Compensation is split into two parts: general and special damages, so let’s take a look at each.

  • General damages: This is the type of payout you are probably already familiar with. This is the money that you will receive because of the pain and suffering you have endured. To determine how much you will receive, the report put together by your doctor will be evaluated. Please note that you can also claim for any psychological injuries sustained due to the restaurant accident.
  • Special damages: When someone is injured or falls ill, it is not uncommon for them to experience expenses as a result. This could be anything from hospital car parking tickets to loss of earnings due to an inability to work. Make sure you track all expenses and keep proof of them to be included in your claim.

Restaurant accident, injury, and illness compensation calculator

You probably want to know how much compensation you will get if you claim the restaurant in question. Before we go into the average restaurant injury settlement payments, it is important to explain how a compensation amount is determined. All cases will be assessed on an individual basis. After all, while two people may have suffered a head injury in a restaurant, the other may make a recovery, whereas the other could be left with permanent damage that is going to have a big impact on the rest of their life. It would not be fair to award these people the compensation level, which is why each case’s circumstances are carefully considered to determine the right payout amount. There, while you may have used a compensation calculator online or been given some sort of quote, you should only ever take this as a guideline or a rough estimate. You can see the average payout amount for some of the most common injuries relating to restaurant accident compensation claims in the table below. This should, hopefully, give you a good understanding of the sort of payout you could be looking at.

Edit
Type of injury suffered Severity of the injury Further notes Amount of compensation you are likely to receive
Head injury Minor Settlements will consider factors like the injury severity, how long taken to recover, the presence of headaches and the extent of ongoing symptoms Up to £11,980
Hand injury Serious Examples in this category are injuries that result in hand capacity being reduced to 50% £27,220 to £58,100
Hand injury Less Serious For example: a severe crush injury that causes deformity or reduced function. £13,570 to £27,220
Leg injury Severe The amputation of a single leg above the knee £98,380 to £129,010
Leg injury Moderate Includes fractures where a full recovery is not made which means they might be left with a limp or impaired mobility. £16,860 to £26,050
Knee injury Severe Injuries that cause less severe injuries but result in continuing pain and discomfort, deformity and instability. £24,580 to £40,770
Knee injury Moderate Examples here include torn cartilage or dislocation that result in wasting, weakness or other mild disabilities. £13,920 to £24,580
Ankle injury Severe Injuries that require a long time in plaster or when plates, pins and screws are used but there is still a significant residual disability. £29,380 – £46,980
Foot injury Moderate An example includes permanent deformities caused by a displaced metatarsal fracture. £12,900 to £23,460

If you cannot find the injury you have sustained in the table below, please do not panic. You can still make a claim. Simply give us a call to find out more about the average restaurant injury settlement in your situation.

How to start a claim for an accident or illness in a restaurant

Starting an accident or illness claim for something that happened in a restaurant can seem daunting. However, it does not need to be, as we make the process as easy and as straightforward as possible. It all starts with a phone call. Simply pick up your phone and give our team a ring. You will find the contact information for our office at the end of the guide. Once you do this, we will offer a free consultation. This is a good chance for us both to ask questions. Don’t be alarmed if we throw a number of queries your way. We only do this so that we can fully understand what happened and provide you with the best possible advice. We will then navigate you through the claim so that you know every step along the way. You will never be left in the dark when you work with us. Please call today for advice on making a restaurant accident compensation claim.

No win, no fee restaurant illness or accident claims

You need to consider many different factors when choosing a solicitor, yet there is no denying that the payment side of things is one of the most important. After all, most personal injury victims fear that they will have to spend a lot of money on a solicitor, and then there is always the risk that this solicitor will not secure compensation for them in the end. This worry is too severe for a lot of people, and it can result in personal injury victims missing out on the money they are entitled to. In fact, many have!

However, this is something you are never going to need to worry about when you make a claim through Accident Claims UK. This is because our service is 100 per cent No Win, No Fee. You may be wondering what this means, so let us explain. With the No Win, No Fee approach, you only pay legal fees if your case is a success and compensation is awarded. If this happens, your solicitor will receive a percentage of your payout – this is a percentage you will have both agreed on beforehand. If there is no compensation, you don’t have to pay for anything. This ensures that you are protected financially when you make a claim. You are never going to find yourself in the dreaded position of having no compensation yet a big legal bill to fund. This gives claimants peace of mind while also meaning that anyone can claim, no matter their financial situation, because large upfront payments are not needed. This service also means that your solicitor is accountable, and so you know that he or she is going to be putting in the required amount of effort to ensure the outcome is a positive one.

Why make your claim with Accident Claims UK

There may be many companies in the United Kingdom that can help you make a claim, but you will struggle to find another company that provides the service level. We have an outstanding reputation amongst all of our previous clients, and we have an exceptional track record too. Our level of experience speaks for itself, and we will provide you with a specialist lawyer that has up to 30 years of experience. Not only do we provide a No Win, No Fee service, but also our legal advice is free of charge, and we always begin every relationship with a free consultation. Most importantly, though, our clients always come first. We know that you are going through a horrible time, and we do not want to add to the stress you are experiencing. Because of this, it is always our goal to secure the maximum possible amount of compensation in the most efficient manner.

Talk to us today About Restaurant Accident Claims

We hope you have found all of the information you need to make a personal injury claim against a restaurant. Nevertheless, we know that you may have questions relating to your case specifically, or you may be ready to start the legal process. No matter what applies, you can reach us any time of the day on 0800 073 8801. We are open from Monday through to Sunday at all hours, so please feel free to call a convenient time free call back service available. You will see the box for this on our homepage. Simply enter your details, and we will call you back at the earliest opportunity.

You should know that all of the legal advice we provide is given free of charge and comes with no obligation to use our service. There are also a number of other ways to get in touch with us if you would prefer. This includes using the live chat feature on our web and as sending an email to office@accidentclaims.co.uk. This email service is monitored from Monday through to Friday, and we aim to respond to all enquiries within a three-hour period on these days.

Useful Links Relating To Restaurant Accident Claims

Slip, Trip or Fall Compensation Claims Find Out How To Claim?

If you have had a slip trip or fall, find out how much compensation you can claim to get free advice.

Claims at McDonald’s

If you have been the victim of an accident that happened in McDonald’s, you should read our guide on McDonald’s food poisoning compensation and other injuries for more information.

Hot drinks

This link takes you to our guide on securing compensation for hot drink accidents that have caused burn injuries or scalds. You will find information on the steps you should take, as well as the different types of compensation you can claim for.

Burns and Scalds

This link takes you to the NHS page for burns and scalds. You will find information on treatment, get medical attention, prevent scalds and burns, different types of burns, and much more.

Compensation For An Allergic Reaction

Restaurant accident compensation claims FAQ

How can I sue a restaurant?

In short, the answer is yes. You could have grounds to make a claim against a restaurant if you suffer from negligence. You must be able to provide evidence that the restaurant was at fault. Thankfully, there are various forms of evidence you can provide, such as:

  • Photo evidence.
  • Medical report.
  • Witness evidence

How much money can you sue for pain and suffering?

The amount of compensation you could be awarded for a restaurant claim will take into account numerous factors, such as:

  • The cause of the accident.
  • The type of damages caused.
  • The severity of the damages.
  • Long-lasting impact.

Could I make restaurant accident claims on behalf of somebody else?

Unfortunately, when it comes to fatal accidents at work, they may be more common than you think. In 2020- 2021, there were 142 people fatally injured at work. You can see below the causes of the fatal injuries below.

Fatal injuries to workers by main industry

If you wanted to make a claim on behalf of someone you love that you lost in a wrongful death or fatal accident, we could help you. We know it could be a traumatic thing to do, as you may have to go over the details of your loved one’s accident and injuries. However, one of our specialist solicitors could take the pain away from claiming in terms of the legal legwork. While we understand that no amount of compensation could never bring back your loved one, it could help to pay for costs associated with their passing. You could also receive a bereavement award in some cases.

Do I need a local lawyer to make restaurant accident claims?

Some people may labour under the misapprehension that they would need to find a locally based lawyer to help them make their claim. This is simply not the case. When making a claim for compensation, much of the claims process could be dealt with digitally, and over the phone. You could, therefore, choose a lawyer that is based anywhere within the UK. When choosing such a lawyer, we would advise you to strongly consider making sure they are authorised and regulated by the Solicitors Regulation Authority, and they could handle your case on a no win no fee basis. You could also look into their background to see what other people have thought of their services, by checking online reviews. This could give you peace of mind that you’re choosing somebody that has had success before.

What to do when you get injured at a restaurant?

If you’re wondering what to do when you get injured at a restaurant, you could take the following steps:

  •       Get medical advice and treatment for your injuries
  •       Take photos of the accident scene and your injuries
  •       Ask witnesses for contact details
  •       Call us for free legal advice

What are the most common accidents in a restaurant?

The most common accidents in a restaurant, according to the HSE, affecting workers are slips, trips and falls. According to guidance from the HSE, specific to the catering and hospitality industry, employers should take care to assess risks for this type of accident. Risks to consider could include food spillage management, checking floor conditions, looking out for leaks or water overflow, assessing trip hazards and evaluating the risks of carrying hot oil.

 How to sue a restaurant for negligence?

If you want to know how to sue a restaurant for negligence that has caused you harm, please call our team. We would be happy to offer you a free eligibility check on your case. In addition, if we believe your case could be successful, we could provide you with a No Win No Fee lawyer to help you with your claim.

 Have you worked on restaurant negligence cases before?

Please call our team for details of restaurant negligence cases we’ve handled successfully. 

Thank you for reading our guide on restaurant accident compensation claims. Hopefully one of our personal injury solicitors could help you with your claim.