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Every day, thousands of Australians safely enjoy dining at restaurants. But when an accident happens, the results can be serious and long-lasting. That’s where a restaurant injury claim can help.
Also known as a ‘restaurant accident claim’, these cover the full impact of the injury on your life. This may include medical expenses, at-home care, lost income, and compensation for your pain and suffering.
And it’s not just restaurant accidents you can claim for. If you’ve been injured in any hospitality venue, including a café, bar, pub or hotel, you may be entitled to make a claim.
This guide explains everything you need to know about restaurant accident claims: from common examples and what evidence you’ll need, to proving liability and calculating your compensation.
If you’d prefer to speak with an expert lawyer now, get in touch today. Your first consultation is completely free.
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You can make a claim for any injury that happens due to a restaurant’s mistake or carelessness. In legal terms, this is called ‘negligence’.
Some of the most common examples of restaurant injury claims include:
Slips, trips and falls: For example, slipping on a wet floor without warning signs, tripping on uneven flooring, or falling because of cluttered walkways.
Burns and scalds: Hot plates, spilled coffee, or poorly handled food and drink can cause serious burns that often require medical treatment.
Cuts and lacerations: Broken glass, sharp cutlery, or poorly maintained furniture can lead to deep cuts or other injuries.
Falling objects: Items such as plates, glasses, trays or even overhead fittings can fall and cause injury if not stored or secured properly.
Allergic reactions: If a restaurant fails to disclose ingredients or cross-contamination occurs in the kitchen, customers with allergies can suffer severe reactions.
Food poisoning: Eating food prepared in unhygienic conditions or made with expired ingredients (such as spoiled meat, seafood or dairy) can result in serious illness.
Assaults: Injuries from assaults in bars or other hospitality venues, whether by patrons or staff (e.g. security guards).
Keep in mind, this isn’t a complete list — just some of the most common claims we’ve helped our clients win. If you’ve been injured because a restaurant failed to take proper care, you may have a restaurant injury claim. To find out whether your situation qualifies for compensation, get in touch today.
Can I make a restaurant accident claim?
To make a successful restaurant accident claim, you’ll need to prove four main things. We’ll use the example of slipping on an unattended spill in a restaurant to show you how this works.
Anyone who occupies a store, building, or other premises has a general duty of care towards people entering the premises. This means they’re legally obligated to ensure the safety and well-being of those individuals while on the premises. For instance, a restaurant owes a duty of care to all its staff and customers.
In restaurant injury claims, this involves looking at how the injury happened, whether the hazard could have been prevented, and what the restaurant knew (or should have known).
If staff were aware of the problem and did nothing, this part is relatively straightforward. But even if they didn’t know, your claim might still be successful if you can show they should have known and taken action.
For example, if the spill was left on the floor for hours before you slipped, you may have a strong restaurant accident claim. On the other hand, if you slipped moments after the liquid was spilled on the floor, it may be harder to prove the restaurant breached its duty of care.
You’ll need to prove that your injury was directly caused by the restaurant’s negligence. Lawyers call this the ‘but for’ test: meaning that but for the restaurant’s failure to act with reasonable care, you would not have been injured.
You’ll need to show that the accident actually caused you harm and affected your life. This could be things like medical bills, time off work, lost wages, or pain and suffering.
To succeed with a restaurant accident claim, you need solid evidence showing all four key points.
The best way to give your claim a strong chance is to speak with a specialist restaurant accident lawyer. In a free consultation, we’ll go over your situation, see if your claim meets the criteria, and explain exactly what you may be entitled to.
How much restaurant injury compensation will I get?
The amount of compensation you may receive for a restaurant injury claim depends on the severity of your injury and how it impacts your life. Depending on your situation, your settlement could cover:
Lost income and superannuation: Compensation for the income you’ve missed, plus lost future earnings.
Care and support: Professional care, as well as help from family or friends. This can also include support for caring for children or other dependents.
Pain and suffering: Compensation for the physical and emotional impact of the injury on your daily life.
Other costs related to your injury: Medical bills, travel expenses, and any necessary modifications to your home or vehicle.
In some cases, you might also be eligible for additional claims, such as a Total and Permanent Disability (TPD) claim if your injury prevents you from returning to work. As part of our complete service, we’ll carefully assess your situation to identify all potential claims. These additional claims are often worth significantly more than your restaurant accident claim alone, ensuring you get the maximum payout for your injury.
To get an estimate of how much you could receive, chat to our lawyers today.
How to start your restaurant injury claim
Get medical care: If you’re injured in a restaurant, café, pub, or hotel, seek medical attention for all injuries, no matter how minor they seem. Not only does this ensure you get proper treatment, but it also creates important documentation of your injuries.
Report the incident: Make sure to notify the restaurant or venue management about the accident. Keep a record of all communications, including emails, messages, or written reports.
Collect witness statements: If anyone saw what happened, get their contact details and written statements as soon as possible. Memories fade over time, so early documentation is crucial.
Seek legal advice: Speak with a lawyer to understand your rights and the strength of your claim. In a free consultation, we’ll review the restaurant’s negligence and explain your compensation options. There’s no obligation to continue, but if you choose to proceed, you’ll be covered by our genuine No Win No Fee guarantee.
How long do restaurant accident claims take?
The timeline for a restaurant injury claim can vary depending on the severity of your injuries and how they impact your life. Some claims may be resolved in as little as six months, but most take around 12 – 18 months.
If your injuries are minor and you recover quickly, your claim could be settled relatively quickly. For more serious injuries, the process can take longer, especially if you need to wait until your condition stabilises or your claim goes to court.
For a better idea of how long your restaurant injury claim might take, speak to our lawyers. Once we know the facts of your specific situation, we’ll be able to provide a more accurate claim timeline.
How much will my claim cost?
The cost of your restaurant injury claim can vary depending on factors like the complexity of your case and how long it takes to resolve. But no matter your circumstances, one thing stays the same: you’re always protected by our No Win No Fee guarantee. This means:
No upfront fees: We cover all upfront expenses, including medical reports and expert evidence, so you're never a cent out of pocket.
Genuine No Win No Fee: Other 'No Win No Fee' lawyers only cover their legal fees, leaving you to pay for reports, evidence and admin. But our No Win No Fee guarantee covers every cost related to your claim.
Lower legal fees: In most cases, we recover the majority of our fees from the other party, so you keep more of your compensation.
60-day risk-free trial: Try our services for 60 days, obligation free. If you cancel anytime during this period, there’s nothing to pay.
Do I need a restaurant accident lawyer for my claim?
You can represent yourself in a restaurant injury claim, but we strongly recommend speaking with a specialist lawyer first. An experienced lawyer can take the stress out of the process, help you build a strong case, and ensure you get the full compensation you’re entitled to.
A skilled restaurant injury lawyer can also:
Assess your claim and give clear advice on its potential value.
Challenge the medical or other evidence presented by the insurer.
Advise you on the best strategy if the insurer isn’t offering a fair settlement.
Meet the team
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
Leon Monaco
Managing Partner
English, Russian
Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
Time limits apply to every restaurant injury claim, so it’s important to start yours before the deadline in your state.
State
Time limit
NSW, VIC, TAS
3 years from when you realise you have a claim
QLD, WA, ACT, NT
3 years of the accident date
SA
3 years of the accident (or realising you have an injury)
Importantly, different time limits can apply if you’re a minor or living with a disability. For a full breakdown, check out our guide to time limits.
What if you’re already outside the time limit?
Even if the usual time limit has passed, you may still have options — but you’ll need to speak with a specialist lawyer straight away. We can help you identify a ‘reasonable excuse’ for the delay and apply to the court for an extension.
Reasonable excuses depend on your situation and the state where the accident occurred, but common examples include:
Delayed symptoms: Your injuries didn’t become noticeable until some time after the restaurant accident.
Severity: The full extent of your injuries wasn’t clear immediately after the incident.
Material facts: You only became aware of a crucial fact about your claim (such as discovering that your injury was caused by the restaurant’s negligence) after the time limit expired.
For a complete list of exceptions and how they might apply to your case, see our full guide to time limits.
Yes, in fact, these are some of the most common restaurant and hospitality venue injuries we see. Fast-food chains like McDonald’s, Hungry Jack’s and KFC are frequently busy and understaffed, with hazards often left unattended for hours.
If you were injured in an accident at a fast-food restaurant, you could be entitled to substantial compensation. To find out what you can claim, speak to an expert restaurant injury lawyer today.
Yes, you can sue a restaurant for negligence if you’re injured due to carelessness or a mistake. ‘Suing’ a restaurant for negligence is simply another term for making a restaurant injury compensation claim. The process is the same, and to succeed, you’ll need to prove all four key elements of a restaurant injury claim listed above.
It’s crucial to gather strong evidence to support your restaurant injury compensation claim. Good evidence not only strengthens your case but also helps ensure you receive the full compensation you’re entitled to.
Some of the evidence you should collect includes:
Official accident reports.
Photographs of your injury.
Photographs of the accident location or unsafe conditions.
Surveillance footage from the restaurant or venue.
Any correspondence with the restaurant or the responsible party.
Hospital and treatment records.
Witness statements and contact details.
Expert testimony from medical or accident professionals.
Records of lost wages or time off work.
Receipts for expenses related to your injury, such as medication, travel, or rehabilitation
Keep in mind, this isn’t an exhaustive list. Our general rule is ‘the more, the better’. If you’re unsure what evidence you’ll need for your restaurant accident claim, speak to a lawyer who specialises in these cases.
In most cases, no. Over 95% of restaurant injury claims are resolved through an out-of-court negotiation process called ‘mediation’. If you’re working with our experienced lawyers, we’ll handle this entire process for you, using our strong negotiation tactics to secure the compensation you deserve.
But if the restaurant or its insurance company refuses to pay what your claim is worth, our lawyers won’t hesitate to take your claim to court.
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A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
Good result! We had a complicated claim but they got the job done.
My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
I knew it from the very first phone call: I had found a compassionate law firm.
Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
Monaco helped me get much more compensation than I expected.
Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
They helped me juggle my injury claim and my mum's full-time care.
I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
Monaco made the process easy for me, I wouldn't have succeeded on my own.
My experience with Monaco has been very good. Having commenced my TPD super claim myself, I soon was overwhelmed by the requirements. Although my claim was pretty small compared to others which make headlines, Monaco offered their services on a no win no fee basis.
Monaco made the process easy even though I have an acquired physical and cognitive disability. The communication was excellent throughout the process which only took about 3 months and they delivered a positive result for me. Without their services, expertise and experience I am sure I would not have succeeded on my own. The fee in the end was as expected for a result that will make a big difference. Thank you to Ben, Ginan and all those who assisted me in this first claim.
Today, after only 8 weeks, I got the best news: my claim was successful!
Today I received the best call of my life. It’s finally here, and I couldn’t be happier! I was referred to Monaco solicitors by my sister in law after sustaining work injuries. From the moment I contacted them the whole process was easy and I was always well informed.
Monaco’s have checked in on me on many occasions making sure that I was kept well in the loop during each step.
My TPD claim was lodged 8 weeks ago and today the news I had been waiting for arrived that it had been successful.
I can’t thank the staff at Monaco’s enough for all their expert advice and would highly recommend them to anyone in a heartbeat. The results were above and beyond what I had expected which I solely believe was due to their expertise and experience in this area.
Thank you so much Monaco for making my life that little bit easier.
Monaco's help reduced a 12-month process to just a few months.
My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.
Not only have we had weekly updates and a great team of support, it has been an easy process. When busy or unable to process documentation ourselves they have proceeded on our behalf and what could have been a 12 month process has only taken a few months with their constant drive and assistance along the way. Thank you to the team! You have saved me a lot of lost time and it is worth every penny spent when the amount of stress is taken away.
The bill? Surprisingly reasonable, less than expected.
Sally was very helpful and always kept me up-to-date so if you ever use Monaco Solicitors just make sure you get Sally she’s very good. And the bill was very reasonable I thought it would be higher.
I am forever thankful! God bless you for being there for me whenever I called.
Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.
I was completely surprised and also delighted by the outcome. Thank you so much, Monaco Compensation Lawyers. You changed my life forever; for the better. We were extremely successful and I am forever thankful. God bless this amazing team.
Restaurant injuries might not sound serious at first, but they can lead to long-term health problems. To make sure your claim covers the full impact of your injury, it’s important to have a lawyer who specialises in this area. That’s where we can help.
With decades of experience, our lawyers know how to capture the physical, emotional, and financial effects of your injury, and turn them into clear, claimable losses.
To give your case the strongest foundation, we also work with a trusted network of liability and medical experts who provide independent evidence supporting your claim. Restaurant accident claims depend heavily on solid proof, so this expert backing can often make the difference between winning and losing.
As the ‘Compensation Law Firm of the Year in Australia 2020’, we’ve helped thousands of clients prove negligence and secure fair compensation.
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