All restaurant owners have a duty to make sure their premises are as safe as possible and the food they sell is safe to eat. When you book a meal in a restaurant, you wouldn’t expect anything to go wrong while you’re there but accidents can happen. If you’re injured in an accident in a restaurant or suffer food poisoning, you could be compensated for your suffering. This guide to restaurant injury and illness negligence claims will show you when you may be eligible to claim compensation, how to start the claims process, and how much you might be awarded.
We can help you if you are thinking about suing a restaurant for injury or illness. To start, we’ll review your case with you and consider your options. You’ll receive free legal advice about your next steps and we could connect you with a personal injury solicitor from our team. They’ll make the process of claiming a lot less stressful because, if your case is accepted, your solicitor will process your claim on a No Win No Fee basis. That means you only pay for their work if you receive a compensation payout.
Please read on to learn more about restaurant injury and illness claims or get in touch on 0800 6524 881 to discuss your case right away.
Table of contents
- Am I Eligible To Claim Compensation Against A Restaurant For Injury Or Illness?
- Common Restaurant Accidents You Could Claim Compensation For
- Common Injuries Caused By Accidents In Restaurants
- Can I Sue A Restaurant For Food Poisoning?
- Can I Claim Compensation For A Food Allergy Reaction In A Restaurant?
- How Much Compensation For Restaurant Negligence Could I Claim?
- Evidence To Support Restaurant Injury And Illness Negligence Claims
- Time Limits For Restaurant Accident Claims
- Starting A Restaurant Injury Or Illness Claim
The Occupiers Liability Act 1957 means that most businesses, including restaurants, need to ensure their premises are as safe as possible. You could begin a compensation claim against a restaurant if:
- The restaurant operator breached their duty of care to you because they were negligent; and
- An accident/incident happened as a result; and
- You were injured during the accident/incident.
For food poisoning claims, you don’t have to prove negligence, you simply need to show that the food that caused you to be ill was served by the restaurant in question.
Proving how you were injured or made ill in a restaurant can be quite tricky. We believe that having a personal injury solicitor on your side will improve your chances of suing a restaurant successfully and being awarded the correct amount of compensation. If you believe that you are eligible to claim, call our team today.
As shown by the criteria above, you could claim for essentially any injury sustained in a restaurant accident that was caused by the owner or their staff. Some examples include:
- If you suffer burns or scalds because a member of staff spilt a hot drink over you because they were carrying too much or not paying attention.
- Where you slipped in a restaurant on a wet floor and injured yourself during the fall because a spillage hadn’t been cleared up swiftly.
- If you fall and injure yourself because a trip hazard (such as a step) was difficult to see due to poor lighting.
- Where you injure yourself in the restaurant’s car park after tripping on a damaged drain cover.
- If you hurt your back after a damaged chair collapsed.
This list doesn’t constitute every possible restaurant accident that could lead to a claim so please feel free to call if yours isn’t included.
Among the most common types of injuries (including to employees) seen in restaurant accidents that could result in a claim include:
Of course, there are numerous injuries that could be sustained in a restaurant either to diners and staff, so please contact us if you’re not sure whether you could sue a restaurant for compensation.
If you’ve suffered illness from food poisoning in a restaurant and you’re intending to sue, you won’t usually need to prove that negligence caused you to suffer. Instead, you’ll need to show that:
- Your food was not safe for consumption.
- You have been diagnosed with food poisoning.
- The unsafe food caused you to become ill.
Some of the most common forms of food poisoning that could lead to a restaurant illness claim include salmonella, norovirus, e.coli, shigella and campylobacter.
Food poisoning can occur if food is not prepared, stored, handled or cooked correctly. If you’d like to sue a restaurant for food poisoning, please get in touch on 0800 6524 881.
You could have grounds to claim compensation following an allergic reaction to food in a restaurant if:
- Information on where to find out about allergens was not displayed within the restaurant.
- Staff gave you incorrect advice on allergens when asked.
- Your meal included an allergen that was not listed on the menu.
Allergic reactions to food can cause mild symptoms such as rashes which disappear within a matter of days. However, more serious reactions can be life-threatening or fatal. If you or a loved one has suffered an allergic reaction in a restaurant, you will find our page on restaurant negligence food allergy claims beneficial.
If you make any type of restaurant injury or illness claim, several factors will contribute to the amount of compensation you’ll request. General damages are claimed for any suffering caused by your injuries/illness while special damages are claimed to cover any financial impact.
While your claim will be based on your personal circumstances, in theory, you could claim compensation for:
- Any physical pain that results from your injuries and their treatment.
- Any psychological problems like distress, anxiety or depression you suffer.
- The effect your injuries or illness has on your social activities, family life and hobbies.
- Any income you lost because you had to take time off work to recover.
- The cost of replacing personal property damaged in the restaurant accident.
- Travel costs including parking fees, fuel costs or transport fares.
- The cost of professional care or the time a friend or relative spent caring for you.
- Medical expenses which, in some cases, could include private medical treatment.
- Future loss of earnings if your ability to work will be reduced by long-term injuries.
- Home adaptations to help you cope with any permanent disability resulting from your accident.
To ensure as much as possible that you are compensated fully for your injuries, your solicitor will review exactly how you’ve suffered before filing your claim.
It will only be possible to tell you what settlement you might be entitled to once your solicitor has received medical evidence to verify the extent of your injuries. However, our compensation calculator should give you a rough idea of what some restaurant injuries might be worth:
Proving how you were injured or made ill in a restaurant is vital if you’re to be compensated. Without adequate evidence, the restaurant’s insurer could deny liability for your injuries meaning you wouldn’t be compensated. Some examples of evidence that could help you to win your claim include:
- Medical evidence. This can include hospital records detailing any injuries or GP records to show that you were diagnosed with food poisoning.
- Photographs. If you’re injured in a restaurant accident, it’s a good idea to take photographs on your phone. Where possible, you should capture the cause of the accident before the scene is cleared.
- Restaurant CCTV. If the restaurant is covered by CCTV cameras that captured your accident you should request a copy of the footage.
- Witness information. If necessary, your solicitor could gather witness statements to help prove your version of events. Therefore, try to obtain the contact details of anybody else who was present.
- Accident reports. The restaurant should keep accident reports for any incidents on their premises. You can request a copy of the report to help prove where and when your accident happened.
- Menus and food samples. Taking a photograph of a menu or signage within the restaurant can be a good way to prove that allergen information wasn’t present. If you believe your food contained an unadvertised allergen, you could keep a sample in a sealed plastic container for testing.
When you call our team to discuss your claim, your advisor will review any evidence you’ve managed to secure so far so please have it nearby when you get in touch.
So that you don’t miss out on any compensation you might be entitled to, you should begin a restaurant accident claim within the relevant time limit. This is a 3-year period from either:
- The date you were injured in the restaurant; or
- The date your illness was confirmed by a doctor.
We strongly suggest that it is better to begin the claims process as soon as possible. By doing so, it will be much easier to secure vital evidence to support your case and there will be plenty of time for your solicitor to book a medical assessment with an independent expert. Also, if your injuries are causing financial hardship, an early start to your claim might mean your solicitor can secure interim payments before your claim is finalised.
If you’ve suffered after being injured or made ill in a restaurant and would like to sue for damages, call our team on 0800 6524 881 to start the ball rolling.
An expert advisor will guide you through the claims process, review your case and provide free legal advice. If your claim is accepted by one of our solicitors, it will be processed on a No Win No Fee basis.
If you’ve any more questions about restaurant injury and illness claims, please feel free to contact us via live chat.