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Home > Personal injury > Accident claims > Accident claims in restaurants

Accident claims in restaurants

As part of the most experienced personal injury law firm in the UK, Clear Answers has gained a reputation for being tenacious and tough in winning accident claims. We care for every one of our clients and fight to achieve the maximum accident compensation to which they are entitled.

Accidents can and do happen all the time. However, if your injury is the result of a restaurant accident, through the negligence by someone else, you may be entitled to make an accident claim for compensation. Whether you are working in the restaurant, a diner, or merely visiting the premises, the owner has a duty to protect you whilst you are there.

All too often, accidents can result in serious, life-changing injuries, though fatal injuries resulting from accidents in restaurants are extremely rare. However, when they do happen, nothing can compensate for the loss of a loved one.

Making an accident claim for the compensation to which you are entitled can help with the financial impact of losing your loved one or provide facilities to manage the impact of the reduced quality of life arising from the accident. It can provide a secure future for those coping with the effects of the restaurant accident.

Man who slipped on badly worn step wins accident compensation

Enjoying a day out with his family, our client was leaving a restaurant when he slipped and fell. He asked for our expert legal advice in bringing a claim for his injuries suffered as a result of this accident.

Our specialist accident compensation lawyers, through strong negotiation, won several thousand pounds in accident compensation for this client
More about Man who slipped on badly worn step wins accident compensation

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Types of accident claims

The most common types of accidents across all industries are slips, and trips and falls, or manual handling accidents. The hotel and restaurant sector is no exception and these are also the most common types of hotel and restaurant accidents. Many restaurants have swing doors for the kitchen area to allow easy ingress and egress for waiters / waitresses carrying food out to customers or returning with dirty crockery or utensils. There is a risk of injury from collision and items being dropped particularly at busy times when staff are rushing.

According to figures provided by the Health & Safety Executive (their data on work-related injuries in hotels and restaurants), slips and trips account for around 35% of all reported injuries to workers in the hotel and restaurant sector, and those involving manual handling accidents account for around 29% of all reported accidents.

The latest figures reported by the HSE for 2007/08 stated that over 4000 accidents involving employees were reported in the hotel and restaurant sector, where the employee was absent for over 3 days, of which over 1000 were rated as major injuries.

While fatal injuries to hotel and restaurant workers are extremely rare, with only 1 death in 2007/08, down from 4 in the previous year, worryingly, the figure for absences of over 3-days has increased year-on-year since 2001/02.

Top of the list of areas that can pose risks for slip and trip accidents are of course corridors used to deliver food and drink, and falls frequently occurring on staircases. Car parks, entrance halls and food areas such as the canteen, kitchens and dining areas, also present possible risks.

Duty of care - accidents at work

If you are an employee injured in a restaurant accident, this is an accident at work. The owner of the restaurant, your employer, has a duty of care to provide a safe working environment for all their employees. A range of legislation, including The Workplace (Health, Safety and Welfare) Regulations 1992, is in place to ensure that if your employer fails in this duty, and you are involved in a restaurant accident that was not your fault, you may be able to make an accident claim for compensation.

Duty of care - diners, guests or visitors

Whether you are visiting the restaurant on holiday, during a business trip, or for some other reason, if you are a diner, guest or visitor, there is a duty on the owner to ensure you are not injured during your visit.

The Occupier’s Liability Act provides a framework for your protection, and may allow you to make an accident claim for compensation, should you be unfortunate enough to be injured in a restaurant accident that is not your fault.

You may be exposed to some of the same risks as employees, including slipping accidents in restaurants if spills are not quickly and effectively dealt with. There is also the additional risk of food poisoning, or whilst using the toilet facilities provided, where slipping accidents can occur due to wet floors. Hot foodstuffs and hot beverages can be spilt onto other people causing burn injuries particularly in busy kitchens or public eating areas.

All companies have a duty of care to ensure that their actions do not result in injury to members of the public who may be visiting their premises. In most cases, the owner will have public liability insurance, although it is not legally compulsory. This will cover them against the financial costs incurred in the event that they allow an accident to happen which results in personal injury to you.

Preventing accidents

Accidents happen when risks are not correctly addressed, or appropriate and timely maintenance is not carried out. Often poor or irregular maintenance can lead to hazards developing. If a good schedule of inspection is in place, many of these risk factors will be identified, and an accident can be avoided.

When spills occur, prompt action in highlighting the hazard with visible signage, and an appropriate method of cleaning away the hazard, should ensure an accident does not happen.

In addition to good maintenance, there are some obvious measures which the restaurant owner can implement to reduce the potential risk.

Making an accident claim

Clear Answers has in-depth knowledge and experience in winning accident claims for all types of accidents, whether work-related or not, and including those which happen on private property, such as restaurants.

If you are unfortunate enough to suffer an accident in a restaurant, and it is the fault of someone else, you may be able to make an accident claim for compensation.

Time limits apply to bringing an accident claim, so always consult a specialist accident claim lawyer as soon as you think you may have a valid accident claim.

Clear Answers’ solicitors have been a leading force in winning accident claims for compensation for many decades. Contact us on 0800 783 9019 to discuss your accident claim.

Alternatively, complete one of our online accident claim forms and a representative will contact you as soon as possible. They will be happy to answer any questions you may have regarding the claims process and whether you have a valid accident claim for compensation.

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