Restaurant injury and illness claims

Updated: October 8, 2018

All restaurant operators owe duty of care to ensure that both guests and restaurant staff are safe and not exposed to unreasonable risk of sustaining an injury or illness.

If a restaurant has failed in this duty, and you have been injured as a result, it may be possible to claim compensation.

Empty restaurant

Do I have a claim for restaurant injury and illness?

If you were injured in restaurant in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.

Find out if you have a claimUse our online claim checker
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Injury in a restaurant

The Occupiers' Lliability Act 1957 states that an occupier of premises has a common duty of care to all his visitors to ensure that they are reasonably safe in using the premises for the purposes "for which he is invited or permitted by the occupier to be there".

If a restaurant's management fails to ensure that all spillages, breakages and obstructions are removed and the premises are not maintained in a sound state of repair, there may be a risk of injury to the public and to staff.

Anyone sustaining an accident due to this negligence may be able to bring an occupiers liability claim or work accident claim for injury compensation.

Some of the most common restaurant accidents include;

Accidents may also occur in a car park or entrance way for which the owner or occupier of the restaurant has responsibility.

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Making a claim for an injury or illness in a restaurant

It is important that any accidents are reported to the restaurant's management and recorded in their accident book.

In many cases, it is still possible to claim even if no record has been made, but notifying the management will provide valuable evidence if you decide to claim and enables the restaurant to reduce the risk of similar incidents occurring in the future.

Photographic evidence of the failings that caused the accident may be useful in making a claim, as well as statements from any witnesses.

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Illness from eating in a restaurant

The Food Safety Act 1990 states that food businesses have a responsibility to ensure that food is not treated in any way that would be damaging to the health of the people eating it; that food must be of the nature, substance or quality which consumers would expect, and that food is labelled or presented in a way that it not false or misleading.

The Food Hygiene (England) Regulations 2006 (as amended) (and equivalent regulations in Scotland, Wales and Northern Ireland) also set out the basic hygiene requirements for all aspects of a food business, from the premises and facilities to the personal hygiene of the staff.

To reduce the risk of contamination with harmful bacteria restaurants must follow good hygiene practices. The kitchen, utensils and preparation area should be regularly and thoroughly cleaned and food appropriately stored and subsequently prepared. Staff must be properly trained and made aware of the risks.

If these practices are ignored and a guest contracts food poisoning as a result of eating in a restaurant then the restaurant may be liable for the illness.

An allergic reaction claim may be made if a restaurant fails to inform or incorrectly informs a guest of the presence of a known allergen in a menu item when asked.

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Claiming for illness

To bring a successful claim against a restaurant a Claimant must prove that his illness was due to neglect or fault on the part of the restaurant.

Determining the cause of the infection may be difficult as food poisoning can be contracted from several sources and there is sometimes a delay in its onset, and this can sometimes make claims for food poisoning while on holiday difficult to prove.

Allergic reactions are generally instant and a restaurant may be found negligent if it has presented food in a way that is false or misleading.

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Guaranteed No Win No Fee - Pay nothing if you lose

Typically a no win no fee arrangement (more correctly called a CFA or Conditional Fee Agreement) is put in place between a claimant and a PI solicitor.

A CFA is essentially the conditions under which the solicitor works for the claimant.

It lays out what the solicitor will actually do and how he is paid if your compensation claim is successful.

If you use our solicitors for your restaurant injury compensation claim there are no additional charges , nothing to pay up-front and the comfort that you will never be out of pocket.

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Calculate my restaurant injury and illness compensation

Back injuries

Back injury healing in a few months

Up to £1,950

Back injury healing in up to 2 years

£1,950 to £6,290

Back injury healing in 2-5 years

£6,290 to £9,970

Serious back injury with permanent symptoms

£59,120 to £70,490

Neck injuries

Neck injury recovering completely in up to a year

£1,950 to £3,470

Neck injury recovering completely in 1-2 years

£3,470 to £6,290

Neck injury with spinal cord damage

£72,620 to £128,320

Other neck injuries

£300 to £118,240

Shoulder injuries

Minor to severe shoulder injury

£6,290 to £38,280

The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.

Find out how much you can claimUse our compensation calculator
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Accidents at work - Claims against your employer

Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.

Find out if you can claim restaurant injury or illness compensation from your employer: Read more about work accident claims

*Source: 2016/17 Health and Safety Executive (HSE) report

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Meet the team

Our nationwide panel of solicitors handle all types of personal injury claims and have a wealth of expertise with short-term, serious and life-changing injury claims. Selected because of their track record in winning claims, our solicitors have years of dedicated experience recovering compensation for their clients.

Click here to meet more of the QLS team.

Kevin Walker Serious Injury Panel Solicitor
Emma Bell Employers and Public Liability Panel Solicitor
Shahida Chaudery Complex Injury Claims Panel Solicitor
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FAQ's

Will my claim go to court?

This is unlikely. The vast majority of cases are settled out of court.

Do I need a solicitor to make a claim?

Technically, no, but a solicitor can help to ensure you get the correct amount of compensation that you are entitled to. Your lawyer can also correspond with the defendant and their insurance company, on your behalf.

How long after the illness or injury do I have to make a claim?

If the incident that caused your illness or injury happened within the last 3 years, you may be entitled to make a claim.

Jenny Jones, Senior litigator

About the author

With over 20 years' experience in the law, Jenny has spent the last decade specialising in personal injury, with a particular focus on industrial disease cases.

Read more about this Quittance Legal Expert

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