Restaurant Injury and Illness Compensation Claims

Quick Answer: If you’ve suffered an injury or developed illness due to a UK restaurant’s negligence, you could be entitled to claim compensation. Claims must be made within 3 years of an accident or incident, so contact us at the earliest opportunity to discuss your situation and find out if you can make a claim.

Key Takeaways:

  • Restaurants have a legal duty to ensure the safety of customers due to their obligations under the occupier liability act. If you’ve suffered an injury or illness due to the negligence of a restaurant, you are entitled to claim compensation for the pain and suffering caused by your injuries, and recovery of associated financial losses like lost income.
  • To give you the best chance of having a successful claim, a solicitor will gather strong evidence such as medical reports, photographs, witness statements, and accident book records. We recommend starting the claims process as soon as possible to ensure easy access to supporting evidence and it’s vital that you make your claim within the three-year claim limitation period.
  • Make sure you instruct a specialist personal injury solicitor with a track record of success with claims like yours. Our solicitors will represent you on a No Win No Fee basis and guide you through the claim process efficiently, seeking to maximise your chances of success and the highest possible compensation settlement.

Can I Claim Compensation for a Restaurant Injury or Illness?

If you’ve suffered a non-fault injury or illness at a restaurant in the UK, you may be entitled to claim compensation. Restaurants have a legal duty of care to ensure the safety and well-being of their customers. When a restaurant fails to uphold this and their negligence leads to an accident or illness, the injured party has the right to seek compensation. This would cover the pain and discomfort caused, and also recover any lost income or other associated costs.

The Food Standards Agency estimate there are 2.4 million cases of foodborne illness in the UK each year. Many of these cases are linked to restaurants and other food establishments. Additionally, slip, trip, and fall accidents are common in restaurants, often caused by food spillages, wet floors, uneven surfaces, unmarked steps or hazards and poor inadequate lighting.

Eligibility Criteria for Claiming Against a Restaurant

To be eligible for a successful restaurant injury or illness claim, you must prove that the restaurant was negligent and failed to uphold their legal duty of care. A claimant must also demonstrate that the restaurant negligence directly caused the injury or illness. Negligence in restaurants and food establishments can take many forms. For instance, failing to maintain a safe and hygienic kitchen environment, poor standards in food storage and preparation, serving contaminated food, or by failing to ensure that they have properly trained and qualified staff.

Even if you are partially responsible for your injuries or illness, you can still make a claim. In this scenario the concept of contributory negligence will apply. This simply means that the final amount of compensation is likely to be reduced based on the extent of your own negligence.

UK laws and regulations, such as the Food Safety Act 1990 and the Occupiers’ Liability Act 1957, set out the legal obligations of restaurants to ensure the safety of their customers whilst visiting their premises or consuming their food. Solicitors will use their knowledge of these laws and your rights to support your claim and establish the restaurant’s negligence.

Common Types of Restaurant Injuries and Illness

Various types of injury or illness that occur in restaurants may lead to a compensation claim, including:

How Much Compensation Can I Claim?

As with all personal injury claims, the final settlement value for any successful compensation claim will depend on several factors. Each claim will be considered based on its own merit and the specifics of the matter at hand. These will include the severity of any injury or illness, the long-term prognosis, and any financial losses you have incurred.

How Compensation is Calculated

Compensation for restaurant injuries and illnesses is calculated based on two main categories: general damages and special damages. General damages refer to the pain, suffering and loss of amenity experienced by the claimant. Special damages cover quantifiable financial losses, such as medical expenses, lost wages, and travel costs to and from medical appointments.

The amount of compensation awarded for a restaurant injury or illness claim can vary significantly depending on each case. Some of the key factors that can impact the claim value include:

  1. Severity of the injury or illness: More severe injuries or illnesses, such as those requiring hospitalisation or long-term treatment, will be settled with higher compensation settlements.
  2. Length of recovery time: Claims involving injuries or illnesses with longer recovery periods will typically result in higher compensation awards, as the claimant will have experienced a greater degree of pain, suffering, and loss of amenity.
  3. Permanent disabilities or scarring: If the injury or illness results in permanent disabilities, disfigurement or scarring, the compensation amount will likely be higher to reflect the long-term impact on the claimant’s life.
  4. Financial losses: Special damages, such as medical expenses, lost wages, and travel costs will be calculated and added to the compensation award. The more substantial the financial losses, the higher the overall compensation amount.

For example, take a case where a claimant suffered severe food poisoning after eating at a restaurant, resulting in hospitalisation and several weeks off work. Here the compensation award might include general damages for pain and suffering, as well as special damages. The latter would cover any private medical treatments, lost income and any other related expenses, such as care and support from family members or friends.

What Evidence Do I Need to Support My Claim?

You need strong evidence when making a restaurant injury or illness compensation claim in the UK. This enables a solicitor to force an admission of liability and negligence on the part of the restaurant. Without sufficient evidence, it is difficult for a solicitor to secure a successful outcome for your claim.

It is essential to seek medical attention and report the incident to the restaurant management as soon as possible. This will not only ensure that you receive the necessary treatment but also create an official record of the incident, which provides vital evidence for your solicitor to use in your claim.

Being able to submit clear evidence such as accident book entries, medical records or reports from environmental health will strengthen your claim and maximise your compensation. Our helpful team and expert personal injury solicitors know your rights and can provide further guidance on this. We’ll ensure the correct steps are taken to allow the solicitor to document and present this evidence effectively.

How Do I Make a Restaurant Injury or Illness Compensation Claim?

The thought of entering in to the process of making a claim can seem frightening and daunting. However, our process is designed to alleviate your concerns and remove any stress. We’ll guide you through the claim and make sure that you understand your rights. By speaking with our expert team and obtaining qualified advice from our specialist personal injury solicitors, you can relax and be sure that your claim will be handled efficiently and effectively.

Steps to Take Immediately After a Restaurant Accident or Illness

In the immediate aftermath of a restaurant accident or illness, it is crucial to prioritise your personal safety and well-being. Take the following steps to protect your health and strengthen your compensation claim:

  1. Seek medical attention: Even if initial symptoms seem minor, it is essential to seek medical attention as soon as possible. This will ensure that you receive the necessary treatment and create a record of your injuries or illness.
  2. Report the incident: Inform the restaurant management about the incident and request to fill out an accident report form. If you can, obtain a copy of the completed form for your records.
  3. Gather witness information: If there were witnesses to the incident, try to collect their names and contact details. Supporting witnesses and their statements offer valuable evidence in your claim.
  4. Document the scene: If relevant, take photographs of the accident scene showing any hazards or defects that contributed to your injury or illness. Keep copies of any relevant receipts or medical records.
  5. Report to health inspectors: In cases of food poisoning or bacterial infections, report the restaurant and symptoms to the relevant environmental health inspectors covering your region.

No Win No Fee Restaurant Injury and Illness Claims

Any worthy personal injury solicitor in the UK will represent your claim using a “No Win No Fee” agreement. These are also known as Conditional Fee Agreements (CFAs). Under these agreements, you can pursue your claim without having to accept liability for the costs or legal fees of your claim. If you do not succeed, you won’t have to pay any costs to any party. If your claim is successful, the majority of your legal costs will be recovered from the defendants. However, your solicitor will deduct a pre-agreed percentage of the compensation amount as their fee. With our solicitors, you will never contribute any more than 25% of any awarded damages if you win your claim. There are no hidden fees or other costs.

No Win No Fee agreements afford everyone the right and opportunity to seek justice regardless of their financial position. Our team will ensure that you feel safe and secure, and that you understand the terms of the agreement. We appreciate that there are many anxieties and questions regarding your rights and No Win No Fee services, so please do not hesitate to ask our team or your solicitor for clarification on any points you are unsure about.

Let Us Help You to Make Your Claim

If you have suffered an injury or illness at a restaurant, it’s essential that you seek professional advice. Our fantastic team and experienced expert personal injury solicitors specialise in helping victims like you to pursue claims for compensation. We understand the physical, emotional, and financial toll that being injured or made unwell at a restaurant can take. We’re here to answer any questions and support you every step of the way throughout your claim.

By choosing our services, you’ll benefit from:

  • A no obligation consultation where you can discuss your case and understand your legal options.
  • Expert guidance through the claims process, ensuring necessary evidence is obtained and that a strong case is made for you.
  • A no win no fee agreement that you can understand. We’ll ensure you don’t face any financial risk when pursuing your claim.
  • Compassionate and personalised support tailored to your unique circumstances.

Contact us today to get the help you need. We’ll help you to take the first steps to start your claim and begin the process of onwards recovery and financial restitution. Our goal is to help you turn the challenging situation of being injured or unwell due to the negligence of a restaurant into a successful claim, allowing you to focus on what truly matters – your recovery and well-being.

You can start your claim online or , and one of our expert team will be in touch. Alternatively, call us on 01225 430285. We’ll only need a few minutes of your time to let you know if you can make a claim.

Frequently Asked Questions

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