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When heading to a restaurant, you trust that the establishment will provide a safe experience. You trust that the food will be hygienically prepared and that the premises are properly maintained without hazards.
Unfortunately, this trust is commonly broken with dining out ending in harm. If you’ve become injured at — or ill because of — a restaurant’s negligence, you may have grounds for a compensation claim.
Read on to learn about restaurant injury claims: types of claims, the legal process and your potential entitlements.
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It’s important to define what a public liability claim is as it works to define who is at fault for a restaurant injury and what the associated legal processes are.
A restaurant injury claim falls under the umbrella of public liability claims. In essence, a public liability claim is predicated on the legal obligations of public premises owners to ensure the safety of those who use their space. This legal obligation is also referred to as their ‘duty of care.’
Therefore, public liability claims lawyers work to prove the following:
So, if you’ve been injured because of another’s breach of their duty of care, consider speaking with a personal injury lawyer sooner rather than later.
Before we cover types of restaurant injuries that warrant a compensation claim, it’s important to understand that the success of a public liability claim hinges on whether an individual or institution responsible for maintaining a safe environment acted negligently.
Consider a restaurant slip, for example: If a restaurant worker forgets to place a warning sign on a slippery floor and this surface causes a fall accident, then this is a case of negligence. On the other hand, if the staff promptly placed a warning sign after noticing the slippery floor, it may not be considered negligence. This is because reasonable steps were taken to address the potential hazard and therefore fault may be placed on the injured person.
With that in mind, here are types of restaurant negligence that commonly lead to compensation claims:
Other common causes of restaurant injury claims include faulty equipment, lack of sanitation and subpar security measures.
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If you’re considering pursuing a public liability compensation claim, there are two initial steps to take. Firstly, gather any information that you can to support your claim. While not all evidence will be attainable whether for financial or accessibility reasons, simply gather what you’re able to. This may include photos or videos of the incident scene, witness contact details and/or statements, records of medical expenses related to your injury and records of associated financial losses.
Secondly, bring those records to your free consultation with your personal injury lawyer. It’s during your consultation that your solicitor will assess the merit of your case based on the available information, answer any questions you may have and advise you on the best pathways forward.
If you decide to move forward with your compensation claim, you may proceed with a private settlement agreement — via mediation — or litigation.
Mediation: This is the process where a neutral third party facilitates discussions between parties with the intention of reaching a mutually agreeable settlement agreement. Mediation may take as little as a few hours or extend across several days — or, more unusually, weeks — in more complex cases. The mutual agreements that arise from mediation are legally binding and more often than not provide a more cost- and time-effective solution compared to litigation.
Litigation: This is the process where the dispute is taken to court and the settlement outcome falls into the hands of a judge or jury. Similar to mediation, your personal injury lawyer communicates the relevant evidence and advocates for your rights — yet within a more structured setting when compared to private settlements.
Usually, mediation is both a prerequisite for litigation while also being the preferred method for those who undertake a personal injury claim. Regardless of how your claim progresses, it’s the role of your solicitor to keep you informed at each step of the process and to ensure that your rights and interests are protected.
The specifics on how much you’re entitled to can depend on your state-specific legislation. Generally speaking, your injuries will be weighed against the most significant restaurant injury claim and compensation will be determined accordingly.
Depending on the nature of your injuries, you may be entitled to claim for economic and/or non-economic damages. Economic damages refer to financial losses (present and potential future losses) that are directly associated with the injury or illness. This may include the cost of medication, doctor visits, rehabilitation services and equipment, transportation and other related expenses. Non-economic damages, on the other hand, refers to the injured person’s pain and suffering.
Naturally, pain and suffering are more ambiguous than economic damages — this is because medical bills can be easily quantified while the mental health implications of an injury are less easily measurable. Nonetheless, non-economic damages include any type of suffering — as diagnosed by a licensed mental health professional — that impairs the injured person’s day-to-day life. This may include depression, anxiety, PTSD and/or other possible mental health disorders.
Each state has its own compensation caps for non-economic loss governed by its respective Civil Liability legislation. New South Wales has a pain and suffering cap of $722,000 for the ‘Most Extreme Case’ (MEC), while Queensland’s cap sits at $430,010. Each state differs in the way it determines compensation amount eligibility.
During your free consultation with one of our personal injury lawyers, you’ll gain personalised advice based on the specifics of your case on what compensation you may be entitled to based on your state’s specific legislation.
The short answer: Most likely.
Restaurants are legally obligated to ensure that the food they serve is safe for consumption. If you believe that a restaurant has acted negligently by serving you contaminated food that has led to your sickness, then you may have grounds for a compensation claim.
However, such cases require proving negligence, causation and a breach of both their duty of care and relevant regulations. Speak with a restaurant injury lawyer for personalised advice and to be advised on the merit of your case.
There are two initial steps to take:
From there, you’ll be informed on the merit of your case, the best pathways forward and the next steps if you’re to choose to pursue a compensation claim.
Possibly.
While most claims are resolved in a private settlement, particularly complex claims or those that are unable to reach a settlement during mediation may then be brought before the court. It’s important to have legal representation that you trust to both keep you informed and competently uphold your rights throughout the full legal process.
To make our legal services accessible, we offer our clients our no-win, no-fee policy. This means that:
This means that you can gain a trusted solicitor who specialises in public liability law without any financial burdens. At GMP Law, we work to ensure that your rights are protected and upheld; we provide our clients with committed, compassionate and competent legal services, leading to you obtaining the compensation you deserve.
Book a free, non-obligation consultation with a restaurant injury claims lawyer today.
Case Overview In June 2016, our client was walking over the vehicular crossing leading to his driveway when he tripped and sustained serious injuries. As
In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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