Personal Injury Lawyers
Restaurant, Cafe and Hotel Compensation Claims

Restaurant, café and hotel accidents that may qualify for personal injury compensation include:

• Slipping on wet floors in dining areas, kitchens, bathrooms, or hotel corridors without adequate warning signs
• Tripping on uneven flooring, damaged carpets, torn mats, or poorly maintained surfaces
• Falls on slippery outdoor dining areas, poorly lit pathways, or inadequately maintained decking
• Accidents on unsafe stairs, balconies, or elevated dining platforms lacking proper handrails or maintenance
• Injuries from falling objects such as light fixtures, decorative items, or improperly secured installations
• Burns from hot food, beverages, or cooking equipment due to negligent service or inadequate warnings
• Slips on spilled food or liquids in service areas not promptly cleaned or adequately cordoned off
• Falls in hotel lobbies, corridors, or amenities due to poor maintenance or inadequate lighting
• Accidents in swimming pools, gyms, or spa facilities due to slippery surfaces or lack of supervision
• Injuries from defective furniture, inadequate seating, or poorly maintained restaurant fittings
• Food poisoning from improper food handling, storage, or preparation practices
• Accidents in poorly maintained car parks, entrance areas, or valet zones

To establish a valid restaurant, café or hotel compensation claim, you must prove that the venue operator knew or should have known about the hazardous condition and failed to take reasonable steps to address it, warn visitors, or properly train staff.

At Stacks Goudkamp, our experienced personal injury lawyers carefully assess whether hospitality operators breached their duty of care in maintaining safe premises and providing safe service.

Potentially responsible parties for restaurant, café and hotel accidents in NSW include:

• Restaurant, café and hotel owners responsible for overall premises safety, operations, staff training, and compliance with hospitality safety standards
• Property management companies that maintain the building, common areas, and structural elements
• Franchisors (such as major restaurant or hotel chains) who set operational standards, training requirements, and safety protocols
• Staff members whose negligent actions, inadequate training, or failure to follow safety procedures contributed to accidents
• Cleaning contractors engaged by venues to maintain floors, facilities, and hygiene standards
• Equipment suppliers whose defective products (such as faulty furniture, kitchen equipment, or hotel amenities) caused injuries
• Food suppliers in cases of food poisoning or contamination, where supply chain issues contributed
• Building owners separate from venue operators in leased premises situations
• Catering companies providing services at hotel functions or events

The nature of your accident affects who may be held liable. Service-related injuries may involve staff and franchisors, while premises defects may involve property owners and maintenance contractors.

At Stacks Goudkamp, we conduct thorough investigations to identify all potentially responsible parties and maximise your compensation prospects.

Proving negligence in restaurant, café and hotel injury claims requires establishing:

• The venue operator owed you a duty of care to maintain reasonably safe premises and provide safe service
• They knew or should have known about the hazardous condition or inadequate service practice
• They had reasonable opportunity to address or warn about the hazard
• They breached their duty through negligent maintenance, inadequate staff training, poor safety protocols, or failure to comply with food safety standards
• Their breach directly caused your accident and injuries
• You suffered compensable damages as a result

We gather evidence from various sources, including:

• CCTV surveillance footage showing the accident and preceding conditions
• Staff training records demonstrating preparation in safe service or hazard management
• Safety protocols and cleaning schedules showing maintenance frequency and compliance
• Incident reports documenting previous complaints or accidents in the same location
• Witness statements from other patrons or staff who observed the hazard or your accident
• Photographs of the hazardous condition taken immediately after your accident
• Medical records linking your injuries or food poisoning to the incident
• Food safety inspection reports and compliance documentation
• Expert assessments from hospitality safety specialists or food safety experts

For restaurant, café and hotel claims, we must establish that the venue operator knew or should have known of the hazard and had reasonable opportunity to address it. This often requires examining service procedures, staff training, and food safety compliance.

At Stacks Goudkamp, we work with experienced investigators, hospitality safety experts, food safety specialists, and medical professionals to build compelling evidence demonstrating how the venue operator’s negligence caused your injuries.

Compensation for restaurant, café and hotel injuries typically covers:

• Pain and suffering and loss of enjoyment of life (non-economic loss)
• Past and future medical expenses for treating your injuries including burns or food poisoning
• Past and future loss of income and earning capacity
• Loss of superannuation contributions
• Care and assistance needs during recovery
• Rehabilitation and therapy costs including psychological counselling for trauma
• Travel expenses related to medical treatment
• Ruined clothing, personal items, or holiday costs in cases involving serious incidents

Pain and suffering compensation is calculated on a scale by reference to a ‘most extreme case’ (currently around $700,000 for catastrophic injuries like quadriplegia). Your compensation is scaled down from this amount based on the severity of your injuries, including considerations for permanent scarring from burns and psychological trauma.

The value of your restaurant, café or hotel injury claim depends on your prospects of success and the seriousness of your injury. Most claims settle before reaching court, with settlements typically determined by predictions of what a judge would likely award.

At Stacks Goudkamp, our personal injury lawyers work with medical experts, including burn specialists and gastroenterologists, and financial advisors to ensure all impacts of your accident are properly quantified and included in your claim.

In NSW, strict time limits apply to restaurant, café and hotel injury compensation claims. Generally, you have:

• 3 years from the date of your accident or when food poisoning symptoms first manifested to commence proceedings
• In some circumstances, this period can be extended where you didn’t have proper diagnosis of your injury or couldn’t identify the correct defendant

However, there’s no guarantee that time will be extended, and courts apply strict criteria for extensions. Some factors that may affect the limitation period include:

• Discovery of the full extent of your injuries or food poisoning complications
• Identification of the responsible party
• Mental incapacity at the time of the accident
• Being under 18 years of age when the accident occurred

We strongly recommend contacting a personal injury lawyer as soon as possible after your restaurant, café or hotel accident to ensure your rights are protected. Early action is crucial because CCTV footage is typically retained for only 30-60 days before being overwritten, food samples deteriorate quickly, and witness memories fade over time.

At Stacks Goudkamp, we can assess your specific situation and advise on applicable time limits for your restaurant, café or hotel injury compensation claim.

At Stacks Goudkamp, we handle restaurant, café and hotel injury compensation claims on a No Win, No Fee basis, meaning:

• You pay no legal fees unless you are successful in your claim
• Success means either winning your case in court or accepting a settlement offer
• We advance all expenses incurred during your claim
• These expenses are itemised and form part of settlement negotiations
• If your public liability claim is successful the insurer/defendant will pay a large portion of your legal fees

Unlike some firms, we don’t use litigation lenders who charge high interest rates for funding case expenses. We cover investigation costs, expert reports from hospitality safety specialists and food safety experts, medical assessments, court fees, and other expenses ourselves, ensuring you don’t face financial burdens while pursuing your restaurant, café or hotel injury compensation claim.

Your legal fees and our No Win, No Fee agreement will be explained in detail at the outset of your case, so you understand the process completely before proceeding.

The vast majority of restaurant, café and hotel injury claims resolve without requiring a court hearing. Currently, well over 90% of these cases settle before reaching court.

Restaurant, café and hotel injury claims can be resolved through:

• Direct negotiations between lawyers
• Formal settlement conferences
• Mediation with independent mediators
• Pre-trial settlement discussions

Court hearings are only required in rare instances where:

• You’re not satisfied with the defendant’s settlement offer
• Liability is strongly disputed by the venue operator
• There are complex legal or factual issues requiring judicial determination
• You believe you can achieve a better result through court proceedings

At Stacks Goudkamp, our experienced personal injury lawyers work diligently to achieve fair settlements without the stress and uncertainty of court proceedings, while always being prepared to represent you in court if necessary to secure the compensation you deserve.

If you’re injured in a restaurant, café or hotel accident, taking these steps can protect your health and potential claim:

• Seek immediate medical attention for your injuries, particularly for burns or food poisoning symptoms
• Report the accident to management immediately and insist on completing an incident report, obtaining a copy for your records
• In food poisoning cases, request stool samples or blood tests to identify the pathogen, and report the incident to NSW Food Authority
• Take photographs of the hazardous condition and your injuries, particularly burns or visible trauma
• Preserve food samples if food poisoning is suspected, as these can be tested
• Collect contact details from witnesses who saw your accident or ate the same food
• Keep receipts, menus, and documentation from your visit
• Document how your injuries affect your daily activities and work
• Don’t admit fault or sign any documents without legal advice
• Preserve clothing damaged by burns, spills, or your fall
• Contact Stacks Goudkamp for expert legal advice as soon as possible

Early documentation is crucial in restaurant, café and hotel cases because:

• Surveillance footage is typically overwritten within 30-60 days
• Food samples deteriorate quickly and staff memories fade
• Hazardous conditions may be repaired immediately
• Incident reports provide important contemporaneous evidence

At Stacks Goudkamp, we provide free, no-obligation assessments of restaurant, café and hotel accidents and can immediately request preservation of evidence to protect your legal rights.

You may still be entitled to restaurant, café or hotel injury compensation even if you were carrying drinks, plates, or shopping bags when you fell, or if you were somewhat distracted. NSW law recognises contributory negligence, which means:

• Your compensation may be reduced based on your percentage of fault
• You can still recover damages even if you contributed to the accident
• The court or settlement will apportion fault between parties

However, carrying items or looking at menus while walking are normal activities in hospitality venues and do not constitute unreasonable behaviour. Restaurants, cafés and hotels must warn of non-obvious hazards regardless of patron attentiveness.

Examples where contributory negligence might apply:

• Not watching where you were going or behaving unreasonably
• Running in a restaurant or ignoring clearly marked warnings
• Complete absorption in mobile phone use while walking through clearly hazardous areas
• Being under the influence of alcohol or drugs
• Engaging in risky behaviour despite obvious hazards

The critical question is whether the restaurant, café or hotel operator should have addressed or warned about the hazard regardless of patron behaviour. If the hazard was not reasonably obvious (such as clear liquid on glossy flooring or a subtle surface defect in low lighting), carrying items has minimal impact on your claim.

At Stacks Goudkamp, we assess each case individually and work to minimise any finding of contributory negligence while focusing on the venue operator’s breach of duty and failure to maintain safe premises.

Yes, you can claim compensation for food poisoning if you suffered illness due to negligent food handling, preparation, or storage at a restaurant, café, or hotel. Food poisoning claims require proving the venue breached food safety standards.

Successful food poisoning claims typically require:

• Medical evidence confirming food poisoning, including diagnostic tests identifying the specific pathogen
• Connection between your illness and food consumed at the venue, including timing consistent with the incubation period
• Evidence that others who ate the same food also became ill
• Food safety violations or poor hygiene practices at the venue
• Exclusion of other potential causes through medical investigation

Compensation for food poisoning may include:

• Medical expenses for emergency treatment, hospitalisation, diagnostic tests, and ongoing care
• Lost income from time off work during illness and recovery
• Pain and suffering for severe gastrointestinal distress and complications
• Ruined holiday or special occasion costs if food poisoning disrupted significant events
• Long-term health impacts in severe cases involving complications

Food poisoning cases can be challenging because symptoms may not appear for hours or days after consuming contaminated food, and proving the specific venue was responsible requires thorough investigation. However, if you sought prompt medical attention, identified the pathogen, and can demonstrate consumption of food within the appropriate timeframe, you may have a strong claim.

At Stacks Goudkamp, we have extensive experience investigating food poisoning claims, working with food safety experts and medical specialists to establish causation and secure compensation for your illness and losses.