What Actually Happens If a Customer Slips in Your Restaurant?
Updated: Sep 15
Most restaurant owners know they need public liability insurance. Far fewer know what actually happens between a customer going down near the bar and the claim being resolved. Here's the process, start to finish.
The First 30 Minutes Matter More Than People Think
What you do immediately after the fall often decides whether the claim is straightforward or contested months later. Check on the customer and offer first aid if needed, but avoid saying anything that could be read as an admission of fault, even something as ordinary as "I'm so sorry, we should have cleaned that up sooner." Take photos of the exact spot, the surrounding area, and any signage (or lack of it) before anything gets moved or mopped. If there's CCTV, secure the footage immediately, most systems overwrite after a set number of days, and get contact details from any staff or customers who saw it happen.
Reporting It to Your Insurer
Notify your insurer as soon as practical, even if the customer says they're fine and doesn't want to take it further. Public liability policies generally require notification of any incident that could reasonably lead to a claim, not just ones where a claim has already been lodged. If it turns into a claim six months later and you never reported the original incident, that delay can complicate things.
Claim example:
A customer at a Brisbane restaurant slips on a recently mopped floor near the entrance. No wet floor sign was out at the time. Staff photograph the area and pull CCTV showing the floor had been mopped four minutes earlier. The restaurant notifies its insurer the same day, well before any claim is formally lodged.
What Determines Whether the Restaurant Is Liable
This is where it gets genuinely case-by-case. A restaurant isn't automatically liable just because someone fell on the premises. What typically gets examined includes whether the hazard was reasonably foreseeable and whether the restaurant took reasonable steps to address it (a mopped floor with no signage looks very different to an ongoing leak reported days earlier and ignored), how quickly staff responded to a known spill, and whether the customer contributed to their own fall (inappropriate footwear, distraction, ignoring visible signage). Contributory negligence can reduce a payout rather than eliminate the claim outright.
How Long It Actually Takes
A straightforward claim with clear liability and modest injury might resolve in a few months. A disputed claim, particularly one involving ongoing medical treatment or a disagreement over liability, can run well over a year. Your insurer typically handles the investigation, correspondence, and any negotiation directly, but you'll usually be asked for statements, records, and any evidence from your end early on.
Why Your Records Matter More Than Your Premium
The single biggest factor in how smoothly a claim goes usually isn't the size of your cover, it's whether you can actually demonstrate what your restaurant was doing at the time. An incident register, a documented cleaning schedule, and CCTV retention practices are what separate a claim that resolves cleanly from one that drags out because there's no evidence either way.
Rough Timeline of a Disputed Claim
Stage | Typical Timeframe |
Incident reported to insurer | Within days |
Insurer investigation and evidence gathering | 4–12 weeks |
Medical evidence and ongoing treatment assessment | Can extend several months |
Negotiation or settlement | 3–18 months from incident |
Formal dispute/legal proceedings (if unresolved) | 1–2+ years |
Frequently Asked Questions
Do I need to report every slip, even minor ones?
Yes, if there's any reasonable chance it could develop into a claim. Reporting late is one of the more common reasons a claim gets complicated.
What if the customer was partly at fault?
It can still reduce a payout through contributory negligence rather than rule out the claim entirely. Liability is rarely all-or-nothing.
Will my premium go up after a claim?
It depends on the insurer, your claims history, and whether the claim is found to involve genuine negligence on the restaurant's part. A single, well-documented claim with clear evidence tends to be viewed differently to a pattern of incidents.
Do I actually need CCTV or incident records, or is that overkill?
For a restaurant, it's one of the most useful things you can have. It's frequently the difference between a claim resolving quickly and one where liability is argued for months.
If you're not confident your current limits or excess still make sense for your restaurant, or you're unsure what records you'd actually be able to produce if this happened tomorrow, worth a quick review.
Call 1300 130 463 or enquire here.
