If you’ve become ill due to food poisoning caused by a restaurant, hotel or cafe, you may be eligible for compensation under public liability law. Your food poisoning claim will need to prove:
- That the restaurant, hotel or cafe is at fault
- The company responsible failed in their duty of care
- As a result of the company’s negligence, you were hurt and suffered a loss
Whether you have a food poisoning claim depends on several factors, including how severe your illness is and its impact on your life. If you’re experiencing persistent symptoms (such as vomiting, diarrhoea, fever, headaches, nausea or abdominal pain), and you believe your illness was caused by negligence at a restaurant, hotel or cafe, you may be able to make a public liability claim. Contact us online using our free online claim checker or call 1800 455 725 to talk to our experienced restaurant accident lawyers for an obligation-free initial consultation.
At LHD Lawyers, our specialist restaurant accident lawyers have a long history of helping everyday Australians receive the compensation they deserve. Steps that our team often take to ensure your case is successful include:
- Gathering evidence and information of your accident; this may include photos, video footage, witness statements and accident reports
- An injury assessment performed by a doctor to gain medical evidence, such as scans and x-rays, to show what injuries you suffered in the accident
- Communicating with the relevant public liability insurer to encourage acceptance of liability and agreement on a settlement
- If the insurer rejects liability and we’re unable to settle out of court, we may need to take court action to receive your compensation.
The following evidence may be required to support your claim:
- Details of all events relevant to the accident
- Names and addresses of witnesses
- Photos and videos of where you were injured
- Photos of your injuries
- Details of work absences caused by your injury
- If a defective product was involved, make sure to keep the product
- Details of visits to doctors, chiropractors, physiotherapists and other medical practitioners for treatment and follow-up visits
- Invoices and receipts for medical and treatment expenses
- Details of assistance provided by friends and family
- Documents showing loss of earnings and earning capacity, including wage slips, group certificates, income tax returns (for six years before the accident and each year after), references and resumes.
Contact our experienced team at LHD Lawyers to discuss your restaurant injury claim with a specialist restaurant accident lawyer and learn more about what evidence you may need to support your claim.
If you’ve been injured at a restaurant, hotel or cafe by another patron, operators can be liable in some circumstances.
The venue itself, or the venue’s security company or management, can be deemed liable if they unreasonably failed to prevent the assault and injury. It often needs to be shown that one of the following occurred:
- The number and distribution of security personnel was inadequate for the number of patrons
- The amount of time building up to the assault was sufficient enough to be detected and prevented by security or staff
- The attacker was previously exhibiting signs of intoxication or behaving unruly or violently, and nothing was done by security or staff to remove them from the premises
If you’re unsure if an operator is liable for an injury you sustained by another patron at a restaurant, hotel or cafe, contact our specialist team of restaurant accident lawyers today for an obligation-free consultation.