How to Sue a Restaurant for Negligence

How to sue a restaurant for negligence

All restaurant owners have a duty of care to ensure that their premises are as safe as possible and the food that they provide is safe to eat. Restaurant negligence claims arise when a dining establishment fails to meet its legal duty to provide a safe environment for its customers. This can often result in injury, illness, or harm.

When you to a restaurant, you don’t expect anything to go wrong while you are there, but accidents do happen. If you have suffered an injury or illness due to the negligence of a restaurant, you could be entitled to compensation.

If you would like more information on how to sue a restaurant for negligence with one of our expert personal injury solicitors, then please do not hesitate to get in touch with us today.

Common accidents that lead to restaurant negligence claims

Common accidents that lead to restaurant negligence claims typically involve situations where the restaurant fails to maintain a safe environment for its customers. Some of the most frequent types of accidents include:

1. Slip and fall accidents: These are among the most common claims. Wet or slippery floors, uneven surfaces, badly maintained walkways, or poor lighting can cause customers to slip, trip, or fall. Restaurants are responsible for maintaining safe conditions to prevent these hazards.
2. Food poisoning: Contaminated or improperly handled food can lead to foodborne illnesses such as salmonella, E. coli, or norovirus. A negligence claim may arise if the restaurant failed to follow food safety regulations, resulting in illness.
3. Burns or injuries from hot drinks or food: Serving excessively hot food or beverages without proper warnings can cause burns or scalds. Injuries may also result from kitchen equipment or hot surfaces being improperly handled or left accessible to customers.
4. Allergic reactions: If a restaurant fails to provide allergy warning or cross-contaminates meals the establishment may be held liable for any resulting allergic reactions.
5. Choking incidents: Serving food in a dangerous manner, such as food with unlisted hazards (e.g., bones, shells, or foreign objects), can result in choking injuries. This can lead to a negligence claim.
6. Broken or unsafe furniture: Injuries caused by defective or poorly maintained chairs, tables, or other furniture in the restaurant can be the basis for a negligence claim if the establishment failed to properly inspect or repair the equipment.
7. Falling objects: Items such as plates, utensils, or decorations falling from shelves or poorly secured fixtures can injure customers. If this occurs due to the restaurant’s lack of maintenance or improper installation, it may be considered negligence.
8. Assaults or Fights: Restaurants may also be liable if a customer is harmed in an fight that could have been stopped by proper security measures or staff intervention.

Am I eligible to make a restaurant negligence claim?

To determine if you are eligible to make a restaurant accident claim, you need to assess whether your situation meets certain legal criteria. For a restaurant negligence claim to be successful, you must be able to prove that:

• The restaurant failed to meet its duty of care.
• The restaurant’s breach of duty directly caused your injury or illness.
• You suffered actual harm or losses as a result of the restaurant’s negligence.

Under the Occupiers’ Liability Act 1957, restaurant owners in the UK have a legal responsibility to ensure the safety of visitors on their premises. If they have failed in this duty, you may be eligible to make a claim against the restaurant owner.

What should I do following restaurant negligence?

Experiencing restaurant negligence can be distressing, but it is crucial to take the right steps immediately afterwards. This can help to ensure your safety, preserve evidence, and protect your rights. Here is what to do following restaurant negligence:

Seek medical attention: If you or someone else is injured, seek medical help immediately. Even if the injury seems minor, it is important to get checked by a healthcare professional to rule out any hidden issues.

Report the incident to the restaurant: Inform the restaurant staff or management about the incident right away. Make sure to get a copy of any incident report they may create. This can serve as valuable evidence later.

Gather evidence: Capture the scene of the accident, including any hazards that contributed to the injury or illness. Photograph any injuries as well. Collect names and contact information of any witnesses who saw the accident happen.

Keep records: Keep detailed records of all medical treatments and visits related to the injury. Save receipts for all expenses incurred due to the injury. This includes medical bills, travel costs for medical visits, and any other related expenses.

Consult a personal injury solicitor: Seek legal advice from a lawyer who specialises in negligence cases, especially those related to restaurant negligence compensation claims. At Beacon Law, our solicitors can guide you through the process of taking legal action. We can help to ensure that you receive a fair result when claiming compensation.

How to sue a restaurant for negligence

If you are wondering how to to sue a restaurant for negligence, our solicitors can assist. During your initial consultation, our team of solicitors will provide you with comprehensive advice regarding your restaurant negligence claim. They will also inform you about the relevant limitation rules that apply.

Our experienced lawyers will request detailed information about the negligence you faced and any injuries or illnesses you sustained as a result. This information will enable our injury lawyers to assess the likelihood of a successful claim on your behalf.

Examples of the information our solicitors may require include the date, location, a description of your illness or injury, the time of the incident, and details of the defendant involved.

During the initial stages of your compensation claim, it is crucial to gather relevant evidence to make a no win, no fee agreement claim. In some cases, your personal injury solicitor may recommend undergoing an official medical examination to obtain detailed medical reports specifically related to your injuries or illness. These accident reports will serve as vital medical evidence, providing a comprehensive understanding of the nature and extent of your injuries or illness.

If we determine that your restaurant negligence claim is likely to succeed, we will offer our work on a no win, no fee basis. This means that if your claim is unsuccessful, you will not be required to pay any legal fees.

Once your claim is filed, the defendant will be notified. They will then have the opportunity to accept or deny liability for your injuries. If liability is accepted, negotiations for a settlement will commence. However, if the defendant denies liability, court proceedings may be necessary to resolve the dispute.

How much compensation could you receive?

Determining the amount of compensation for a restaurant negligence claim is a complex process and depends on specific factors involved in the case. Injury compensation amounts are influenced by factors such as the severity of the injury or illness, the impact on the individual’s life and earning capacity, rehabilitation costs, medical expenses, and the long term consequences of the incident.

Compensation is typically split into the following categories:

• General Damages: These damages aim to compensate for the pain, suffering, and loss of amenity caused by the injury. The severity and long-term effects of the injury are significant factors in determining the general damages awarded.
• Special Damages: Special damages cover the measurable financial losses incurred because of your injuries. This includes medical expenses, rehabilitation costs, loss of earnings (both past and future), expenses related to care and support, and any necessary adaptations to the individual’s living arrangements.

It is important to note that there is no fixed compensation award for a restaurant negligence compensation claim. This is because each case is unique. The final compensation amount will be influenced by the specific circumstances and the evidence presented in the case.

Our injury claims solicitors will also advocate for interim payments for our clients to cover any immediate costs. This includes private medical treatment and travel expenses.

What are the time limits for making a restaurant negligence claim?

In the UK, there are specific time limits, known as limitation periods, for making a personal injury compensation claim. These time limits are set out in the Limitation Act 1980. The general time limit for personal injury claims, including restaurant negligence claims, is three years from the date of the accident. This also includes the date when the injured person should have become aware of their injury and its connection to the accident.

However, it is important to note that there are some exceptions and variations to the general limitation period. These exceptions include the following:

• Minors: If the restaurant injury claim involves a person who was under the age of 18 at the time when the incident occurred, the three-year limitation period does not begin until their 18th birthday. In such cases, a claim can be made at any time before the person turns 21.
• Mental Capacity: If the injured person lacks the mental capacity to make legal decisions, there is no time limit for making a claim. The limitation period only starts when the person regains capacity.

How can Beacon Law assist?

At Beacon Law, our team of personal injury solicitors are highly experienced. We can assist clients on a wide variety of cases. We work tirelessly to achieve the best outcome for our clients, providing a high standard of service.

To find out more about our no win, no fee claims funding and legal fees, please have a look at the funding section on our website.

If you have been left wondering how to sue a restaurant for negligence, then please call us today at 0330 1332 857. You can also complete our contact form at the top of the page to request a call back from a member of our team.

Beacon Law are a law firm registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority.