Claims in Restaurants

When the weekend comes, many of us take the opportunity to leave the cooking and washing up behind and head out for a three-course meal at our favourite restaurant. Having worked as a waitress myself, I know firsthand the fast-paced nature of the industry- people rushing round with plates of food, clearing an empty table (and perhaps been a little too adventurous carrying everything) and of course dropping and spilling food and drink on the floor!

With so much happening, accidents do occur that can result in injuries no-one expected when they were ordering their starters.

There are two circumstances that are often brought to our attention here at The Injury Lawyers, which are:

• Accidents where a waiter/waitress have dropped or spilt something onto somebody.
• Where somebody has fallen due to stepping on spilt food/drink or wet floors after cleaning.

Both of these would come under the heading “Occupier’s Liability”- which means that the owner of the premises owes you a duty of care to ensure that you are not hurt during your visit and must take steps to ensure this does not happen.

Injury caused by waiter/waitress.

Employers are responsible for their staff – so if you are injured by a waiter/waitress you have a strong claim against the employer, which is in most cases the owner of the premises.

Clear examples of these types of claims are: a burn caused by hot food or drink or cuts and bruises caused by plates/cutlery.

Spilt food and drink

This type of accident usually happens when somebody is leaving the restaurant as the majority of the time you are seated. Slipping on spilt substances cannot only be incredibly embarrassing, but also result in extremely painful and possibly long term injuries.

However, these claims can pose some difficulties. Under the Occupier’s liability act, it has to be shown that reasonable steps have been taken to ensure a safe environment. Usually, this involves hourly checks of the premises with the inspector required to sign a tick sheet confirming the inspection has been completed.

If the restaurant can prove that they have such a system in place and adequate inspections have been carried out- the claim becomes incredibly difficult.

Alternatively, if the restaurant had displayed “wet floor signs” or cordoned off the area, this may show that they have not been negligent and have took the appropriate steps required of them by law to minimise the risk of injury.

If neither of these things can be proved- you have a strong case that the occupier has been negligent!

If you have had your night ruined by having an accident in a restaurant, you may be entitled to compensation. This can cover the initial injury but also loss of earnings and rehabilitation costs. Here at The Injury Lawyers we are experts in personal injury claims and work to get you 100% of the compensation you deserve so contact us now.