In this guide, we will look at the process of making a personal injury claim after an accident in a restaurant. If you’ve been injured in a restaurant as the result of a breach of duty of care, you might be able to claim.
Accident in a restaurant claims guide
This guide will discuss subjects such as how an incident in a restaurant could lead to an injury, what circumstances entail negligence, and how a No Win No Fee solicitor could help you make a successful restaurant accident claim. Furthermore, we will look at how claims are valued.
Keep reading to find out more information about how to claim for an injury in a restaurant. Alternatively, you can contact us today and discuss your circumstances with one of our advisers. Get in touch by:
- Calling 0113 460 1216
- Contacting us using our chat feature below
- Forwarding your query using our online claim form
Choose A Section
- Am I Entitled To Compensation After An Accident In A Restaurant?
- How You Could Be Hurt In A Restaurant
- Top Tips If You’ve Been Injured In A Restaurant
- Valuing Compensation For An Accident In A Restaurant
- Am I Best To Work With A No Win No Fee Solicitor?
- Further Information On Accident In A Restaurant Claims
Am I Entitled To Compensation After An Accident In A Restaurant?
If you experience an accident in a restaurant, you may be able to claim compensation for the pain and suffering caused by your injury. First, however, you must be able to show certain criteria apply:
- A third party owed you a duty of care
- That third party did not uphold this duty of care
- Due to this breach of duty, you sustained injuries
A piece of legislation known as the Occupier’s Liability Act 1957 states that the party in control of a public place, called the ‘occupier’, owes a duty of care to visitors using that space for its intended purpose. Therefore, the party in control of a restaurant, café, or pub must take steps to reduce hazards present to visiting members of the public in order to ensure their reasonable safety.
Please note that despite the term occupier, the party in control of a space does not have to occupy the space in order for a duty of care to apply. If you are wondering whether you are eligible to make a public liability claim if you were injured in an accident in a restaurant, contact our team of advisers.
How You Could Be Hurt In A Restaurant
There are many possible scenarios in which you could sustain an injury in a café, bar or restaurant. For example:
- You could slip, trip or fall in the bathroom because a leaky toilet cistern has not been repaired in a timely manner, and no signposts were present alerting you of the risk
- You may sustain a scalp burn if your waiter is not trained in delivering hot food and drink and spills it on you
- You might suffer a broken rib or sprained ankle while falling due to a poorly lit stairwell.
Speak to our advisers if you’ve been injured in a restaurant and would like to know if you could be eligible to claim compensation. If you do have a valid case, a solicitor could be provided to represent you in a claim.
Top Tips If You’ve Been Injured In A Restaurant
If you do suffer an accident while in a restaurant, bar or café, there are a few steps you can take to support your claim for compensation. They include:
- Ensuring your accident is recorded in the restaurant accident book if one is available for public use.
- Seeking medical attention for your injuries. A medical professional can treat you, and seeing them will generate medical records that you can use as evidence in a claim.
- Asking for contact details of anyone who witnessed the accident. They may be able to provide a statement at a later point.
These are some of the pieces of evidence that can help prove a personal injury claim. Another step you could take is to seek legal advice, as a professional with more experience may be able to offer unique insight into your circumstances. Contact us today to find out more about claiming after an accident in a restaurant.
Valuing Compensation For An Accident In A Restaurant
If you were injured in a café, restaurant or bar accident, you might be wondering how much compensation you could be owed. There are a number of factors that might influence how much compensation you receive.
A successful personal injury claim can involve up to two heads of claim. These two heads are general damages and special damages.
General damages can reimburse you for the suffering that your injury has caused. We’ve included a table showing some of the compensation brackets from the Judicial College Guidelines (JCG). This is a document that legal professionals can use to assist them in assigning value to claims.
| Injury Type | Compensation Bracket | Notes |
|---|---|---|
| Neck Injuries (a) (ii) | £65,740 to £130,930 | Severe fractures or cervical disc damage that leads to disabilities of considerable severity, including loss of movement in one arm and loss of function in a limb. |
| Scarring to Other Parts of the Body | Likely to exceed £104,830 | An award for burn injuries which takes into account various aspects of the burn, including the percentage of body affected. Burns covering 40% of the body are likely to exceed £104,830. |
| Leg Injuries (b) (ii) | £54,830 to £87,890 | Very serious injuries that create permanent mobility problems that last the rest of the individual's life. |
| Facial Disfigurement (b) | £17,960 to £48,420 | Injuries resulting in substantial scarring that has a significant impact upon the individual. |
| Knee Injuries (a) (iii) | £26,190 to £43,460 | Injuries resulting in less severe disability, though there may be continuing pain, discomfort, limited movement and stability, or deformity. |
| Knee Injuries (b) (i) | £14,840 to £26,190 | Moderate injuries that can include dislocation, or torn cartilage/meniscus. May also include injuries that accelerate other, pre-existing conditions. |
| Arm Injuries (c) | £19,200 to £39,170 | Less severe injuries from which a significant degree of recovery can be expected or has taken place. |
| Arm Injuries (d) | £6,610 to £19,200 | Simple forearm fractures. |
| Shoulder Injuries (c) | £7,890 to £12,770 | Moderate injuries such as frozen shoulder or soft tissue injuries that lead to impermanent, though long-lasting, minimal symptoms. |
| Hand Injuries (j) | £9,110 to £12,240 | Index finger fracture that results in impaired grip, pain during heavy use, and likely osteoarthritis. |
It may be worth getting in touch with our advisers to discuss how much your injury could be worth, as you should only use these figures as a guideline. The circumstances of your case might influence the amount you receive.
In addition to general damages, you may receive special damages as a way of recouping injury-related financial losses. This could include:
- Lost earnings, past and future
- Personal property damaged during the accident
- Medical expenses, such as prescriptions and consultations
Contact our advisers to learn more about the two heads of claim that you could receive in a restaurant injury claim. They can listen to the details of your accident in a restaurant and offer free legal advice about what to do next.
Am I Best To Work With A No Win No Fee Solicitor?
When considering claiming for an accident in a restaurant, you may benefit from hiring the services of a personal injury solicitor. The guidance and support that they offer could make the process of claiming easier.
If you are worried about the cost of retaining legal representation, the solicitors from our panel may be able to offer you a kind of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
When using this kind of No Win No Fee agreement, you do not usually have to pay for the lawyer’s services if your claim is unsuccessful. You also do not generally pay to begin the claim or during the claims process.
Instead, your solicitor takes a small percentage of your compensation if your claim is successful. The portion of your settlement that they can take as a “success fee” is subject to legal limitations.
Begin Your Accident In A Pub Claim Today
If you have questions regarding how to claim for a restaurant accident, contact us today. Our advisers are knowledgeable in this subject and can offer you a free consultation. Get in touch by:
- Calling 0113 460 1216
- Contacting us using our chat feature below
- Forwarding your query using our online claim form
Further Information On Accident In A Restaurant Claims
We have included links to more guides that may be of interest:
Can I Make A Fall From A Height Claim?
Personal Injury Claims Guidelines – What You Need To Know
Accident In A Shop – How To Make A Claim
Third-party resources you may find helpful are linked below:
Request CCTV Footage – Government information about requesting CCTV footage
Limitation Act 1980 – Legislation detailing time limits on personal injury claims
Reporting Accidents and Incidents at Work – Guidance about workplace accidents that must be reported to the Health and Safety Executive.
We hope this article about claiming after an accident in a restaurant has provided useful information. To learn more, get in touch with our advisers today.
Writer Morgan Fringe
Publisher Fern Stringer