Common restaurant injury claims
- Slips on wet floors - kitchen runoff, mopped surfaces without warning, leaks
- Trips on uneven flooring - damaged tiles, raised edges, cables
- Hot drink / food burns - spilled tea/coffee, defective lids on takeaway, hot soup
- Allergic reactions - failure to identify allergens or honour allergy disclosures
- Food poisoning - Salmonella, Campylobacter, Norovirus outbreaks
- Furniture failure - collapsed chairs, broken stools, defective tables
- Glass injuries - broken glasses, bottles, windows
Allergic reaction claims
Restaurants are required by Food Safety legislation to be able to identify allergens in dishes. Where a customer disclosed an allergy and the restaurant failed to honour it, liability commonly follows. Evidence:
- Disclosure of the allergy at ordering (waiter's notes, witness statements)
- The dish ordered and what was actually served
- Medical records of the reaction
- Allergen information held by the restaurant
Anaphylaxis cases regularly attract substantial compensation, particularly where hospitalisation or ongoing health effects result.
Food poisoning outbreaks
Outbreak claims often involve multiple claimants from the same venue or supplier. Investigation includes:
- State health department investigation (notifiable disease reporting)
- Other claimants who ate at the same venue / time
- Microbiological evidence linking the venue to the illness
- Restaurant's food safety records and HACCP compliance
Group claims commonly resolve via a single settlement covering all affected diners. Severe cases (hospitalisation, long-term gut conditions) attract substantial individual settlements.
Typical compensation
- Mild burn or food poisoning, full recovery: $5,000 – $25,000
- Severe burn requiring graft / scarring: $50,000 – $300,000
- Anaphylaxis with hospitalisation: $40,000 – $200,000
- Long-term gut illness (post-infectious IBS, etc.): $40,000 – $250,000
- Slip injury with fracture: $25,000 – $150,000