Restaurant Accident Claims
– Can I bring a Claim?
Restaurant Accident Claims are all too common. If you have suffered an injury in a restaurant in the past 3 years which wasn’t your fault then you could well be entitled to compensation.
How Much Compensation will I Recover?
There are many different types of Restaurant Claims involving minor injuries to the utmost severity. Whatever has happened the restaurant has a duty of care to make sure that you are safe while vising the restaurant.
There are two main starting points when assessing the value of a claim:
GENERAL DAMAGES – this part of the award is to cover the Claimant’s pain and suffering. Clearly the more serious the injury and the longer the effects of the injury the higher the award. There are judicial guidelines and case law that help practitioners to calculate the approriate award.
SPECIAL DAMAGES – this is the part of the award that relates to the Claimant’s quantifiable finanicial losses and inclues past and if necessary future losses too. As indicated below it is important that you keep an accurate record of all the relevant expenses. This is especially true when dealing with the more serious injuries which inevitably involve more special damages.
- The best way of finding out what your claim could be worth is to contact us . We will be able to give you a very good indication about the value of your restaurant injury.
- We specialise in personal injury work and have a very good working knowledge of quantum awards.
- Clearly in broard terms the amount of the award is dependent upon the nature and extent of the personal injury and its duration.
- Not only can we give you a good indication in terms of the amount of compensation but we can also provide you with an informed opinion in relation to liability issues and whether you can claim compensation succeessfully.
Different Types of Restaurant Accidents:
Slips Trips and Falls from Spillages
These personal injury claims are often caused by wet or slippery flooring or food spillages.
- The restaurant has a duty of care to have a proper system of inspection and cleaning of the floors.
- Spillages are always going to be a common occurrence in this environment.
- Without a system which tackles the spills or breakages there is going to be an ongoing risk of accidents which are entirely avoidable.
- In practice it is necessary for the Restaurant to demonstrate that they have a proper cleaning regime.
- The restaurant will often try to avoid liability by arguing that the spillage causing the accident happened only moments before.
- It’s then a question of fact as to whether the accident could have been prevented by the restaurant’s staff being vigilant and tackling the danger.
Whether the compensation claim succeeds can boil down to witness evidence, CCTV footage and the paperwork produced by the restaurant.
Over the years we have received enquiries from client’s who have suffered injury when sitting down onto chairs which have then collapsed.
These claims can involve nasty injuries and we have always been successful in recovering compensation.
Again the defendant may well try to argue that the accident could’t have been avoided as they had a proper system of checking and maintaining the chairs.
If you have been involved in this type of accident then we would be pleased to hear from you.
Slipping Accidents in Restaurant Toilets
There is a clear risk of injury if the Restaurant fails to monitor and clean the toilet floors regularly:
- Sometimes the taps in the wash basins are nor correctly adjusted and lead to water being splashed onto the floor.
- Other times there can be leaks from toilets or spillages.
- Again, if you have fallen and hurt yourself whether the claim is going to succeed will all depend upon the restaurant’s systems and procedures. For instance we have acted for Clients who have slipped in toilets which had just been cleaned. Unfortunately whilst the staff were trying to keep the toilets clean and were adhering to a cleaning regime they failed to erect the necessary signs to warn customers of the wet floor.
- If the evidence is that the toilets had been badly maintained and allowed to get into a mess over a reasonable period of time then the chances of your compensation claim succeeding will be better. The really important aspect of the claim is gathering the evidence to support your compensation claim.
- The Restaurant is likely to contest any allegations of the toilets being badly maintained by producing inspection and maintenance records to show they have a reasonable system to defeat the claim.
- We are contacted frequently from clients who have suffered accidents in these circumstances. Unfortunately these types of injury claims can involve quite nasty injuries which take time to resolve.
Naurally, we’d be only too pleased to discuss your potential claim with you. We will be happy to accept your claim on a No Win No Fee basis if we believe after speaking with you that your claim has prospects of success.
Contact us so we can let you know what we think about your accident claim and whether we can help you.
Burn Injury Claims whilst dining out at Restaurants
There is also the ever present risk of diners being injured when hot food is dropped onto them by waiting on staff.
The most obvious way of being injured is probably from a hot drink or a hot soup.
However we have also received instructions from clients who have been burnt from decorative candles and hot wax.
Any injuries involving burns can be serious and it’s important that you obtain immediate advice so that your position can be protected.
Restaurant Claims due to Poor Lighting
It’s not unusual for some restaurants to keep the lighting low inside the restaurant to help convey a relaxed and peaceful atmosphere.
- The difficulty is that if the lighting is too low then the risk of diners not being able to see where they are going is increased.
- Clearly it’s a balancing act for the restauranteur.
- If the restaurant’s lighting is set too low then there’s going to be the possibility of a claim if someone falls and hurts themselves as a consequence.
- Poor lighting can also extend to the Restaurant’s car park.
- If the lighting is insufficient and someone has hurt themselves then the guest may well have an action against the restaurant.
Contact us so we can assess your claim and let you know what we think about the prospects.
Foreign Objects and Damage to Teeth
We are routinely contacted by client’s who have damaged their teeth as a result of a foreign object in their food.
In these circumstances it is important to establish exactly what the cause of the injury is and to make sure the foreign object is preserved. Don’t make the mistake of letting the restaurant staff keep hold of the object as this may well be the end of your restaurant injury compenmsation claim.
We would of course be delighted to hear from you to answe any questions and with a view to helping you protect your position.
Food Poisoning, Illness and Allergic Reactions
There is clearly a real responsibility for the restaurant to ensure that the food served is properly cooked and suitable for the customers requirements.
There are a host of statutory requirements which the restauranteur needs to comply with.
It is the Food Standards Agency regulates the industry in an effort to keep the public safe.
We specialise in compensation claims for a Allergic Reactions which we know only too well can be serious and even life threatening. We have acted for scores of clients who have suffered anaphylactic shock after eating contaminated food. It continues to amaze us how many lives are put at risk by restaurants that simply don’t have a robust system of work to ensure that allergy mistakes don’t happen. The restaurants (and indeed all the others in the food industry) have a legal duty to ensure that allergens are properly identified so that customers can make informed decisions and are not put at risk.
If you have suffered injury in these circumstances we can help you recover compensation to put things right.
Food poisoning is another serious illness which can easily be avoided if proper hygene and cooking procedures are followed. Compensation claims often arise out of food poisoning and the failure of the restaurant to follow basic hygene requirements. When a food poisoning incident occurs environmental health will become onvolved and their investigation will clearly be very important in the context of your compensation claim.
What to do following Your Restaurant Accident?
Compensation claims are made that much easier if the right steps are taken at the start to ensure evidence is preserved. This evidence can then be used to help assess the claim and it will also help the chances of your claim succeeding.
A failure to record all the right evidence can sometimes prove fatal so its very important to ensure your restaurant injury is placed on the right footing.
The best advice is to speak to a solicitor who specialises in restaurant accidents so all bases are covered.
So what should you do following a restaurant accident?
- Restaurant Photographs
If possible (and this is not always going to be an option after a nasty accident) take photographs of any important evidence.
This might be photographs to show a spillage, a dangerous defect or even the menu if your complaint is about the food.
Obtain the names and contact details of any witnesses who will be able support your claim.
- Reporting the Restaurant Accident
You will need to formally report your accident. This is absolutley crucial. If possible report the matter to the manager, record the full details of the conversation and follow this up in writing. In particular you want to make sure that the details of your personal injury have been entered into the restaurant’s accident book.
You need to record the precise time and date of the accident, keep your receipt and your phone records. We know from experience that restaurant accidents are often defended on the basis the client never even attended the restaurant!
- Keeping Details of Losses arising from Your Personal Injury
Make a note of all the expenses and losses that you suffer arising out of your restaurant accident claim. Keep all the paperwork as you go along so that you can send it all to your Solicitor to include in your restaurant accident claim.
If you are in any doubt about whether the expense is recoverable as part of your personal injury claim just keep hold of the details so your solicitor can advise. (The general rule is that as long as the item is reasonable and flows out of the personal injury claim then it will be recoverable subject to liability.)
No Win No Fee for Your Restaurant Accident Claim?
If you are looking for help with your restaurant accident claim then we know you may well be nervous about the possibility of fees and the prospect of lawyers bills.
- This is why we always like to reassure our prospective clients that they need not worry.
- Take a moment to have a look at some of our fantastic reviews – we have some of the best reviews in our industry built up since we started back in 2007. We are proud to offer a terrific service and love recovering compensation for all our clients!
- We also specialise in rejected restaurant injury compensation claims and we are told that we are head and shoulders above the service received by other solicitors. (Not that we like to brag :))
- We offer a genuine No Win No Fee agreement which has no hidden costs or unexpected fees.
- We are comfortable in accepting your claim on a No Win No Fee agreement. After all we use all our experince to vet the compensation claims initially so we can be confident all our personal injury clients claims are destined for success!
Contact us so we can talk to you about your personal injury claim and so we can help you to pursue the restaurant and claim compensation for you.
How to Start Your Restaurant Accident Claim?
- Its as simple as contacting us to discuss your compensation claim.
- Whatever type of injury or illness you have suffered we will be only too pleased to help.
- There will be no pressure or hard sales tactics here just honest advice based on years of specialising in the field.
- The bottom line is that we are here to help you get the compensation you deserve.
- Please have a look here so you can see what our clients have to say about us while we spare our blushes!
Carter & Carter Solicitors
Hear a few words from one of our happy clients
“We helped Ms Burn with her compensation claim when she sustained lacerations to her foot whilst at a night club. Ms Burn had the following to say: "David Healey whom dealt with my claim was very supportive, patient and with his care made my claim a success."
Ms Danielle Burn from Northumberland