A Guide To Restaurant Accident Claims

By Marlon Dawson. Last Updated 8th September 2022. When filing restaurant accident claims, you’ll want to be prepared as possible. In this guide, we’ll discuss how you could be injured in a restaurant and what the payout for a restaurant accident might be. You’ll also learn who is responsible for accident reports and which accidents have to be reported in restaurants when making a claim.

Furthermore, we’ll help you understand what strong and valid restaurant accident claims look like and how you could get the maximum injury in a restaurant compensation. However, before we begin this guide, can you answer the following questions:

  • Did a third party owe you a legal duty of care?
  • Was that duty of care breached, causing an incident or accident?
  • Did you sustain harm or loss as a result?

If you could answer yes to these questions, you might have grounds for a valid claim. Our advisors can offer a free consultation with no obligation. To get in touch, use the details below:

an example of restaurant accident claims - a waiter dropping food on a customer

A guide to restaurant accident claims


Choose A Section

  1. Guidance On Restaurant Accident Claims
  2. Restaurant Accident – Compensation Examples
  3. Understanding Restaurant Accident Claims
  4. How Do Accidents At Restaurants Happen?
  5. What Happens If I Work With A No Win No Fee Lawyer?
  6. More Information On Restaurant Accident Claims

Guidance On Restaurant Accident Claims

Whether you sustain an injury in a restaurant as a customer or employer, there is legislation that makes health and safety measures mandatory in restaurants. Therefore, restaurants should do what is reasonably practicable to protect the welfare of customers and employees.

If you can prove a restaurant has breached their duty of care to you and caused you injury, you could be entitled to make a claim. To find out more about valid restaurant accident claims and how much accident compensation you might receive, speak to our team. 

Restaurant Accident – Compensation Examples

In a successful restaurant accident claim, you could receive:

  • General damages: the amount of compensation awarded to you for the pain and suffering caused by your injury
  • Special damages: the amount of compensation awarded to you for the financial losses your injury has led to

The Judicial College Guidelines (JCG) is a publication released periodically that includes bracketed compensation amounts for different injuries. The JCG, in its 16th edition as of 2022, is the source likely to be used by legal professionals to help value your injury.

The table below features a number of entries from the JCG for injuries that could potentially be sustained in a restaurant accident.

Injury Compensation RangeNotes
Severe Back Injuries (i)£91,090 to £160,980You will struggle with significant pain and disability alongside incomplete paralysis.
Severe Neck Injuries (i)In the region of £148,330Although you will have worn a collar every day for a number of years, you will still suffer from a stiff neck and severe headaches.
Severe Leg Injuries (i)£96,250 to £135,920Such injuries may lead to gross shortening of the leg and bone grafting may be required.
BurnsLikely to exceed £104,830The level of the award within this bracket is determined by the percentage of your body area that suffers from burns.
Severe Post-Traumatic Stress Disorder£59,860 to £100,670All aspects of your life are negatively impacted and you may be unable to work.
Severe Knee Injuries (i)£69,730 to £96,210Lengthy treatment is required and considerable pain will have been caused.
Very Severe Ankle Injuries£50,060 to £69,700If the ankle is fractured, there could be significant soft-tissue damage that leads to deformity.
Severe Shoulder Injuries£19,200 to £48,030An injury of this type often involves damage to the brachial plexus.
Severe Toe Injuries£13,740 to £21,070Your injury results in severe damage and ongoing symptoms, including bursting wounds.
Facial Disfigurement/ Less Significant Scarring£3,950 to £13,740Usually a single scar would be left following your injury; however, this scar could be easily hidden.

The JCG is usually used merely as a guideline for evaluations. Compensation is calculated on a case-by-case basis – how distressing you found your injuries to be or how long they will affect you can have an effect on how general damages will be awarded in your claim.

For special damages, you may be required to present evidence of the financial losses you are claiming for. You need to prove they are directly related to your injury. For example:

  • Care costs
  • Treatment costs
  • Home adaptions
  • Loss of earnings

Evidence is important for making a successful claim. Please reach out to a member of our team for help on how to collect evidence or for any more information you may need about public liability claims.

Understanding Restaurant Accident Claims

It’s easy to assume that the duty of care restaurants may owe you only relates to inside the premises; however, this is not always the case. Under the Occupiers’ Liability Act 1957, the ‘occupier’ must ensure the safety of those who use their premises. For restaurants, this includes car parks and entrances. Let’s take a look at the different scenarios in which an accident may happen at a restaurant and its premises. 

  • Slipping on wet surfaces: Spillages or food remnants should be cleaned as soon as reasonably possible to prevent this type of accident. Additionally, if it has rained, entrance areas can become wet. Any wet floors or other hazards should be signposted with warning signs.
  • Tripping or falling: Poorly maintained stairways and faulty floors could cause trips and falls. Furthermore, if you visit a restaurant at night and there is no lighting in their car park, you could trip. Occupiers should carry out risk assessments to identify and deal with any hazards.  
  • Burn injuries: If you are an employee, your employer has a legal responsibility to ensure you’re trained on how to safely handle hot food and drinks. Otherwise, spilled food or hot drinks may cause an accident at work, such as a burn injury. Section 2 of the Health and Safety at Work etc. Act 1974 sets out the safety measures that employers should have in place to protect you.

If you have found yourself in a similar situation as the scenarios mentioned above, you could be able to claim. On the contrary, you mightn’t have been able to relate any of the examples. Whatever your case, our advisors are here to help 24/7 and can offer free legal advice.

How Do Accidents At Restaurants Happen?

As we discussed in the previous section, accidents at restaurants can happen for many reasons. However, successful restaurant accident claims clearly indicate that the restaurant or employer’s negligence caused injuries. 

Upon sustaining your injury, it would be wise for you to seek medical attention. This is particularly the case if your injuries are severe and require immediate treatment. Hospital records can also confirm your diagnosis and treatments. 

Other useful forms of evidence that support your claim may include:

  • Record details in an accident book: When working in a restaurant, you might wonder, ‘which accidents have to be reported?’ Not every accident has to be reported to higher authorities, but you should record your incident in your work’s accident book. A colleague can do this for you if you are unable to do so.
  • Retrieve CCTV footage: You are within your rights to obtain CCTV footage of yourself. Most restaurants have CCTV and the footage can provide key evidence of your accident happening.
  • Witness contact details: If there were witnesses to your accident, you should ask them for their contact details. A witness statement is another form of evidence used to prove restaurant accident claims. 
  • Take photographic evidence: Photographs of your injuries and where the accident took place may back your claim. 

We would also suggest seeking legal advice. Our panel of personal injury solicitors are experts in restaurant accident claims and could use their experience to cover all aspects of your claim. They may be able to help you gather evidence too; however, you must have a valid claim. Speak to an advisor for a free consultation.

What Happens If I Work With A No Win No Fee Lawyer?

Making restaurant accident claims may seem daunting when considering the costs of funding legal representation. However, a No Win No Fee agreement offers you a chance to get the compensation you could be owed whilst minimising the financial burden. A No Win No Fee lawyer may benefit you for a number of reasons, including:

  • You won’t have to pay your lawyer an upfront fee or ongoing costs during the claim
  • No surprise charges as you’ll agree on the success fee with your lawyer before beginning legal proceedings
  • Your lawyer’s success fee is deducted from your compensation and is legally capped
  • There is no success fee to pay to your lawyer if you don’t successfully claim compensation

Our panel of personal injury solicitors will only take on your case if they think it is likely to be successful, which would mean you could have a good chance of receiving compensation if your claim is accepted.

Get Advice On Restaurant Accident Claims

If you would like free legal advice on restaurant accident claims, our team works around the clock 24/7. To get in touch you can request a call back to claim online. Alternatively, you may:

  • Give us a call
  • Use our live chat function
  • Contact us via our website

More Information On Restaurant Accident Claims

We want to share some additional resources on restaurant accident claims with you.

Sprains and strains – NHS guidance on what to do if your injury involves a sprain or strain.

Statutory Sick Pay (SSP) – Important information on SSP from the government.

Accident book – An essential document for reporting work-related injuries.

We also have other guides you might find useful:

We have now come to the end of our guide on restaurant accident claims. If you now feel confident enough to take action, why not get in touch?

Writer Lewis Jackson

Publisher Ruth Vaughan