I want to claim compensation for slipping on food in a fast food restaurant but the manager would not let me make a report in the accident book. Does that mean I cannot make a claim?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
You were correct to try to make a report in the restaurant’s accident book; however this is not essential in order to make a claim for compensation for slipping on food in a fast food restaurant. It is a procedure which should be completed whenever possible after an accident, but not doing so in this case should not prevent you from making a claim for slipping on food in a fast food restaurant.
The accident book is an official record of all accidents which occur in a building open to the public. The purpose of this book is to ensure that health and safety can be monitored, and that an official record is made which can later be used to support claims that an accident occurred in a certain place at a certain time.
The accident book report is not the only evidence which can be used to support a claim for restaurant slip injury compensation. If you or one of your party was able to take a photograph with a mobile phone of the hazard which caused you to slip, this could be used as evidence. Witness statements can also be taken and used as proof that you slipped on food in the fast food restaurant, provided that there were witnesses present and you have their contact details.
Even though the accident book report was refused, it will still only be possible to claim compensation for slipping on food in a fast food restaurant if the owner or staff had been negligent and failed in their duty of care to provide with a safe environment. A solicitor will help to establish whether you have a valid claim for compensation and will help to gather the necessary evidence of negligence to support your claim.
Since the restaurant owner has refused to document the accident, it appears that they may be attempting to prevent you from making a claim for compensation for slipping on food in a fast food restaurant. It would therefore be unwise to submit an application for assessment of your injuries to the Injuries Board without first seeking legal advice.