Injured or made ill at a restaurant? We can help
Visiting a pub or restaurant is usually a safe and enjoyable experience, but if you have been injured or become sick due to the negligence of restaurant staff, you can claim compensation.
Food poisoning is a common cause of illness, with burns, scalds and slips and trips caused by wet floors and trip hazards being common injuries. If the harm was caused by negligent staff, poor training and food handling practices, or other health and safety failings, you are likely to have a strong case.
We can help you can make a No Win, No Fee compensation claim with the support of a personal injury solicitor,
Key advice when making an injury or illness at a restaurant claim
- Restaurant owners have a legal duty to follow strict health and safety regulations, to protect both diners and staff from avoidable harm.
- You can claim if you were made ill by negligent food handling, storage or hygiene practices, you can claim.
- You can also claim if you were injured by a trip hazard or other safety risk.
- You have up to 3 years from the date of your injury to start a claim.
- You're eligible to claim under a no win, no fee agreement.
- Your compensation is based on how serious your injury is, along with your financial losses and expenses. Check our compensation calculator to see how much you could claim.
You are not alone
Injuries in restaurants are fairly frequent, often caused by slips, trips, burns, or cuts, due to busy environments and potential hazards like wet floors or hot surfaces.
Given the varied nature of the hazards managed in the hospitality industry, the Health and Safety Executive (HSE) provide detailed guidance on risks including manual handling, slips and trips, kitchen hazards and food poisoning (hse.gov.uk).
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, you may be able to claim compensation.
How much compensation can I claim for a restaurant injury or illness?
The amount of compensation you can claim for an injury or illness involving a restaurant depends on:
- the degree of your injury,
- the impact of your injury on your daily life and ability to work,
- the losses and expenses you?ve incurred as a result of your injury.
Restaurant injury and illness
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred because of your accident. In addition to paying compensation for lost earnings, special damages can cover any care costs and medical procedures you need, such as medication for food poisoning, hydration and pain medication.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average restaurant injury and illness compensation payouts
The following restaurant injury and illness payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Ankle injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Minor fractures, sprains, and ligament injuries with full recovery | Up to £15,250 |
| Moderate | A fracture or ligament injury with mild ongoing symptoms | £15,250 to £29,500 |
Digestive problems
| Severity | Example | Amount |
|---|---|---|
| Minor | Pain, cramps and diahorea lasting days or weeks | £1,010 to £4,380 |
| Moderate | Food poisoning, cramps, and affected bowel function, with full recovery in one to two years | £4,380 to £10,580 |
| Serious | Serious food poisoning, possibly leading to toxicosis, hospital admission and IBS, affecting your work and quality of life | £42,640 to £58,250 |
Elbow injury
| Severity | Example | Amount |
|---|---|---|
| Recovery within 18 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms | Up to £3,920 |
| Recovery between 18 to 36 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms | Up to £7,210 |
| Recovery after 36 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms or damage | Up to £13,970 |
Finger injury
| Severity | Example | Amount |
|---|---|---|
| Relatively minor injury | Finger fractures that recover in under 6 months, and/or injuries with tenderness, pain in cold weather, or scarring | Up to £5,270 |
| Index finger fracture | Fracture fully heals, but with ongoing pain, disability and an increased risk of osteoarthritis | £10,110 to £13,570 |
| Finger fractures | Fractures that cause deformity, affect sensation, and/or have a long term affect on your grip and ability to use your hand | Up to £40,760 |
Hand injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) injuries to one or both hands | A fracture or break recovering within 6 months, and/or with scarring, tenderness and pain in cold weather | Up to £5,270 |
| Moderate injuries to one or both hands | Moderate crush injuries, penetrating wounds, or deep cuts | £6,280 to £14,730 |
| Moderate/serious injuries to one or both hands | Serious crush injury that causes impaired function andthat cannot be resolved with surgery | £16,040 to £32,170 |
Knee injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | E.g. dislocation, torn cartilage or meniscus, that could cause future symptoms or weakness, or that exacerbated an existing injury | Up to £15,250 |
| Moderate | More serious knee injuries with a greater risk of future symptoms, pain and weakness | £16,460 to £29,050 |
| Serious | E.g. a leg fracture that extends to the knee joint, or injuries that cause constant pain and restricted movement, and/or a risk of osteoarthritis or future knee surgery | £29,050 to £48,210 |
Leg injury
| Severity | Example | Amount |
|---|---|---|
| Simple femur fracture | Simple femur fracture with no damage to articular surfaces | £10,110 to £15,620 |
| More serious fractures | Incomplete fracture recovery with ongoing symptoms | £19,930 to £30,800 |
Wrist injury
| Severity | Example | Amount |
|---|---|---|
| Lesser | Relatively minor soft tissue injury or displaced fracture, with a full recovery within 12 months | £3,920 to £5,260 |
| Moderate | Uncomplicated Colles' fracture | Around £8,250 |
| Moderate | Fracture or soft tissue injury with complete recovery | £6,750 to £11,480 |
Do I have a restaurant injury claim?
You are entitled to make a claim for injury or illness at a restaurant, if:
- you were injured within the last 3 years, and;
- another party was to blame, and;
- that party owed a duty of care to protect you from foreseeable risks.
Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.
Is a claim still possible if I was partly responsible for my injury?
Understanding who is legally at fault for an accident often requires navigating through a maze of legal complexities.
Each year, Quittance carries out a survey of potential claimants. In our 2025 Public Liability Injury Claimant Survey, 17.45% of respondents felt they might be at least partly to blame for their injuries.
Even if you were partly at fault, you could still be able to claim compensation. 'Split liability' or 'contributory negligence' are terms used to describe these cases.
Read more:
Can I claim if I feel I was partly responsible for my accident?
How long after a restaurant injury and illness do I have to claim compensation?
In most cases, you have 3 years from the date of your accident or injury.
If you were injured when you were under 18, a parent, guardian or adult 'litigation friend' can make a claim on your behalf. Once you turn 18, you have until your 21st birthday to start an injury claim.
Injury in a restaurant
The Occupiers' Liability 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;
- Slipping on wet or greasy floors caused by spilt food and drinks where proper cleaning procedures are not in place
- Fall accidents due to faulty floors, poor lighting or badly maintained staircases.
- Slipping in wet or flooded restaurant toilets
- Burn injuries from spilt food or hot drinks
Accidents may also occur in a car park or entrance way for which the owner or occupier of the restaurant has responsibility.
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.
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, 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.
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.
What caused your restaurant injury?
Restaurant injury and illness claims are usually referred to as public place, or occupiers' liability, claims. Click on the icons below to learn more:
Can I make a no win, no fee restaurant injury and illness claim?
Yes. With no win, no fee, you can claim restaurant injury and illness compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
Interested in talking to an injury specialist about your claim?
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Health and safety topics (reviewed: 27/07/2024)
Occupiers’ Liability Act 1957 (reviewed: 29/07/2024)
The Food Hygiene (England) Regulations 2006 (reviewed: 02/08/2024)
Author:
Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.