Restaurant & Pub Accident Claims

UK restaurants, pubs, and licensed premises serve hundreds of millions of customer visits annually and produce a substantial volume of personal injury claims. Beyond the slip-related cases handled in general slip and fall law, restaurants and pubs face specific liability around food poisoning, allergy incidents (with the Natasha’s Law obligations since 2021), hot drink and food burns, and the increasingly significant area of children’s play and dining area safety. The Occupiers’ Liability Acts, Food Safety Act 1990, Consumer Rights Act 2015, and Allergen Information Regulations 2014 combine to impose substantial duties. Where these duties were breached and you suffered injury, substantial compensation is regularly recoverable.

In this guide

Common Restaurant and Pub Accident Categories
The Legal Framework
Specific Issue: Food Poisoning
Specific Issue: Allergy Cases
Specific Issue: Burns Cases
Specific Issue: Children’s Claims
Time Limits
What Compensation Could You Receive?
Evidence Requirements
No Win No Fee Restaurant/Pub Accident Claims
Common Questions About Restaurant and Pub Accident Claims
Related Guides
Our Partner's Fees Explained
Check If You Could Claim Compensation For Your Injury

This guide explains how UK restaurant and pub accident claims work, the legal frameworks, common scenarios, and how to start a claim on a no win no fee basis. For bar fight assaults see our bar, club & pub assault claims guide.

Check My Injury Claim Now

Common Restaurant and Pub Accident Categories

Slips, Trips, and Falls

Wet floor slips (spilled drinks, food, cleaning)
Slippery kitchen floor incidents
Outdoor seating area incidents (wet decking, rain)
Carpet and flooring defects
Steps and uneven floor levels
Trip hazards from inadequately placed equipment

See our wet floor slip claims guide.

Hot Drink and Food Burns

Hot drinks spilled on customers
Hot food spilled on customers
Inadequately marked hot plates and surfaces
Burns from sizzling dishes
Tea and coffee burns to children

Food Poisoning

Bacterial contamination (salmonella, E. coli, campylobacter)
Norovirus outbreaks
Inadequate cooking temperatures
Cross-contamination
Poor food storage
Inadequate hygiene practices

Allergy Incidents

Particular focus following Natasha’s Law:

Failure to disclose allergens
Cross-contamination of pre-packaged food
Inadequate menu allergen information
Staff failure to convey allergen information
Severe anaphylactic reactions

Choking Incidents

Foreign objects in food (glass, plastic, metal)
Inadequately prepared food
Bones in supposedly boneless dishes
Inadequate child portion preparation

Children’s Play Area Accidents

Common in family-friendly venues:

Defective play equipment
Inadequate supervision
Inadequate flooring/safety surfaces
Falls from play structures
Cuts and abrasions from equipment

Toilet Area Accidents

Wet floor slips
Falls from defective fixtures
Inadequate lighting
Locked-in incidents

Outdoor Seating Incidents

Falls from inadequate barriers
Wet decking slips
Falls into uneven gravel/cobbles
Heater burns
Wind-blown furniture incidents

Furniture Failures

Chair collapses
Defective tables
High chair failures
Wobbly bench seats

The Legal Framework

Occupiers’ Liability Act 1957

For visitors:

“Common duty of care”
Reasonable safety for purposes of visit
Higher duty for known vulnerable customers (children, elderly, disabled)
Specific duty for known hazards

Food Safety Act 1990

For food safety:

Food must be safe for consumption
Specific offences for unsafe food
Local authority enforcement
Civil liability follows criminal breach typically

Food Information Regulations 2014 (Natasha’s Law)

Following Natasha Ednan-Laperouse case and 2021 legislation:

Pre-packaged for direct sale food must list ingredients
Allergens must be clearly highlighted
Verbal communication insufficient for pre-packaged
Strict liability for non-compliance

Consumer Rights Act 2015

For services and products:

Service must be performed with reasonable care and skill
Products must be of satisfactory quality
Specific consumer protections

Licensing Act 2003

For licensed premises specifically:

Promotion of licensing objectives
Includes prevention of harm to children
Specific responsible service duties

Specific Issue: Food Poisoning

Causation Challenges

Food poisoning claims face causation issues:

Need to link illness to specific meal
Other potential sources excluded
Microbiological evidence ideal
Other affected customers strengthen case

Evidence Required

Date and time of meal
What was ordered
Receipts and records
Onset of symptoms
Medical confirmation of food poisoning
Stool sample analysis where available
Public Health investigation reports

Public Health Investigations

For outbreaks:

Local authority Environmental Health investigation
PHE / UKHSA outbreak investigation
May identify specific premises and food source
Strong evidence for claims

Group Claims

Where multiple customers affected:

Stronger evidence of premises responsibility
Sometimes group litigation appropriate
Specialist solicitors coordinate group claims

Specific Issue: Allergy Cases

Natasha’s Law Compliance

For pre-packaged for direct sale food (PPDS):

Must list all ingredients
Allergens must be clearly highlighted
Cannot rely on verbal allergen advice
Strict liability for non-compliance

Allergen Communication for Made-to-Order

For non-pre-packaged food:

Allergen information must be available
Specific allergens must be communicated when asked
Staff training expected
Cross-contamination management

Severe Allergic Reactions

Anaphylactic reactions can be fatal:

EpiPen response
Emergency medical care
Long-term health impact
Sometimes fatal

Claims can be substantial — particularly fatal cases against restaurants that failed allergen duties.

Specific Issue: Burns Cases

Hot Drink Burns

Restaurant hot drink burns:

Adequate lids and cups
Safe service procedures
Particular care with children
Reasonable temperature controls

Hot Food Burns

Safe serving procedures
Warning of hot dishes
Sizzling platter management
Adequate cooling time

Severity of Burns

Restaurant burns can range from minor to severe:

Superficial burns — full recovery
Partial thickness burns — scarring
Full thickness burns — surgery, lifelong consequences

See our severe burn injury compensation claims guide.

Specific Issue: Children’s Claims

High Standards for Children

Restaurants and pubs serving children face higher duties:

Safe play areas if provided
Appropriate child seating (high chairs)
Food safety for vulnerable group
Allergen disclosure for children
Choking hazard awareness

Common Children’s Restaurant Injuries

Hot drink scalds
Falls from high chairs
Choking on inappropriately prepared food
Allergic reactions from inadequate disclosure
Play area injuries

See our claiming for a child guide.

Time Limits

Standard 3-year personal injury time limit applies. For children, time runs from 18th birthday. For food poisoning, time may run from date of knowledge of cause. See our time limits guide.

What Compensation Could You Receive?

Typical Settlement Ranges

Food poisoning with full recovery — typically £1,000-£5,000
Hot drink burns with scarring — typically £3,000-£20,000
Slip injuries with fractures — typically £5,000-£75,000
Severe allergic reactions — typically £10,000-£100,000+
Fatal allergy cases — Fatal Accidents Act claims, often substantial
Catastrophic injuries — typically £250,000-£2 million+

Special Damages

Lost earnings during recovery
Treatment costs
Future treatment needs
Damaged personal items
Care costs

Evidence Requirements

At the Scene

Photograph the hazard
Take details of any witnesses
Note the staff who served you
Note any items still on the table
Keep receipts and any food packaging
Note time and incident details precisely

Reporting

Complete the premises’ accident report
Get a copy
For food poisoning, report to Environmental Health
For allergy reactions, report through medical and council routes

CCTV

Critical evidence:

Most restaurant CCTV retained 28-30 days
Specialist solicitors preserve quickly
Often shows the actual incident, response times, staff conduct

Medical Evidence

Immediate A&E or GP attendance
Specialist treatment records
For food poisoning, stool samples ideal
For allergies, hospital allergy testing
Long-term consequence documentation

No Win No Fee Restaurant/Pub Accident Claims

Restaurant and pub accident claims run on no win no fee Conditional Fee Agreements. The success fee — capped under LASPO 2012 at 25 per cent of general damages and past losses (future losses excluded) — is deducted from compensation. After-the-Event insurance protects against adverse costs. The ATE premium is normally payable only if you win, deducted from your compensation — it is no longer recoverable from the defendant — and your solicitor must explain how the premium and disbursements are treated before you sign (see how ATE insurance works). See our how no win no fee works guide.

Common Questions About Restaurant and Pub Accident Claims

I got food poisoning after eating at a restaurant. Can I claim?

Often yes, where causation can be established. Successful food poisoning claims require: confirmed food poisoning diagnosis, link to specific meal, exclusion of other potential causes. Evidence is helped by: stool sample analysis, Public Health investigation, other affected customers, restaurant hygiene failures. Settlements for full-recovery cases typically £1,000-£5,000; severe cases requiring hospitalisation £8,000-£50,000+. See our food poisoning claims guide for the broader framework.

My child had a severe allergic reaction at a restaurant. What can we claim?

Substantial compensation, particularly since Natasha’s Law (2021). Restaurants must: properly label pre-packaged for direct sale food, communicate allergen information clearly, train staff on allergen communication, manage cross-contamination. Where failures caused severe allergic reactions, claims succeed substantially. Anaphylactic reactions can produce significant compensation; fatal cases (sadly continuing despite Natasha’s Law) produce very substantial Fatal Accidents Act claims. Specialist legal advice critical.

I was burned by a hot drink at a pub. Can I claim?

Often yes. Pubs and restaurants serving hot drinks have duties: safe service procedures, adequate cup quality and lids, particular care with children, warnings where appropriate. Where the pub failed in these duties and you were burned, claims succeed. UK case law has addressed hot drink burn cases extensively — McDonald’s coffee cases (though American) have influenced thinking. Settlements depend on burn severity — minor burns £2,000-£8,000, severe burns £10,000-£100,000+.

A chair collapsed under me at a restaurant. Can I claim?

Often yes. Restaurants have duties to maintain furniture in safe condition. Where chairs/tables/benches were defective and failed, causing injury, claims succeed. The restaurant’s public liability insurance pays. Compensation depends on injuries — back injuries from falls are common and can produce substantial settlements. The restaurant must demonstrate they had reasonable maintenance and inspection systems for furniture.

The play area at the family pub injured my child. Can we claim?

Often yes. Family-friendly venues providing play areas face specific duties: safe equipment, appropriate flooring (impact-absorbing surfaces), adequate supervision arrangements, age-appropriate equipment. Where these were inadequate, claims succeed. Children’s claims typically produce higher settlements than equivalent adult claims due to lifetime considerations. See our claiming for a child guide.

How long do restaurant and pub accident claims take?

Straightforward cases typically settle within 12-18 months. Cases involving more serious injuries or complex causation (food poisoning, allergy cases) typically 18 months to 3 years. Fatal cases can take 2-4 years. CCTV preservation is the most time-critical issue — early specialist legal advice essential. See our how long does a claim take guide.

Slip, Trip & Fall Compensation Claims UK

Wet Floor Slip Compensation Claims

Holiday Food Poisoning Claims

Bar, Club & Pub Assault Compensation

Severe Burn Injury Compensation Claims

Claiming Compensation for a Child

How No Win No Fee Works

Check If You Could Claim Compensation For Your Injury

If you were injured in an accident that wasn’t your fault, you may be entitled to compensation. Start a free claim check in minutes — no upfront cost. No win, no fee if your claim is accepted.