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How to sue a restaurant after injury caused by them

Posted: Sat Feb 16, 2019 10:43am
6 replies286 views5 members subscribed
Patricia306

Posts: 7

2 helpful points

Location: Finestrat

Joined: 5 Feb 2018

After suffering an accident resulting in facial fracture I’ve been advised by a solicitor to deal with a claim myself as  compensation would be “worth just under 2 thousand euros “ I’ve no idea how to go about this but I do now have all the necessary paperwork ie hospital report, doctor assessment, police statement from the attending police at the initial incident and the statement from the restaurant admitting liability. If I get my solicitor to follow through for me his fees and the medic fees to attend court would take 90% of value of compensation  

But I’ve no idea how to go about it and I’m returning to the UK in April 

Has anyone here completed this procedure and can offer advice?

Many thanks 

Willy

Posted: Sat Feb 16, 2019 11:08am

Willy

Helpful member

Posts: 375

235 helpful points

Location: Benijofar

Joined: 26 Feb 2018

Posted: Sat Feb 16, 2019 11:08am

Contact CAB Spain link below.

https://www.citizensadvice.org.es/

Patricia306

Posted: Sat Feb 16, 2019 12:09pm

Patricia306

Original Poster

Posts: 7

2 helpful points

Location: Finestrat

Joined: 5 Feb 2018

Posted: Sat Feb 16, 2019 12:09pm

Thanks Pete it was a 3’ 6” blackboard menu belonging to the restaurant which fell from the nail it was on in the breeze. It was swinging around and I was sitting at the table in its trajectory when it lifted up and off the nail then hit me edgeways on in the face causing a facial fracture. Yes photos were taken. It all happened quickly giving me no chance to get out of the way. The police who happened on the scene within minutes said it should’ve been secured properly as it had been pinned up high on the wall. 

To go to court the solicitor said we’d have to have a medical injury doctor in attendance. His initial consultation fee was 80 euros with a further 300 to follow if he attends court. Other fees so far are around 200 euros. Ambulance was called but had to wait while the waiter insisted I paid the bill for the meal we hadn’t even finished. Despite the bleeding I managed to pay it. 

I thought all cafes bars and restaurants had to have public insurance whether they’re a large or small business? 

Had I not stopped the blackboard it would’ve hit the child sitting on the table behind me so I’m glad it didn’t get him. 

Patricia306

Posted: Sat Feb 16, 2019 3:51pm

Patricia306

Original Poster

Posts: 7

2 helpful points

Location: Finestrat

Joined: 5 Feb 2018

Posted: Sat Feb 16, 2019 3:51pm

Thanks will think about it but surely it’s their insurance company who pays and not the restaurant (which I believe is part of a chain) I will need hospital appointments for the foreseeable future too. The health service here is very good and the EHIC card important. This all occurred October last year and I still need treatment for my injuries. Thanks for all the advice great forum. 

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jimtaylor

Posted: Sat Feb 16, 2019 4:11pm

jimtaylor

Legendary helpful member

Posts: 5612

8739 helpful points

Location: Mudamiento

Joined: 2 Feb 2017

Posted: Sat Feb 16, 2019 4:11pm

If you're only looking at that amount for compensation, then use the small claims court, where you don't need a lawyer and the court fee will be refunded if you win the case. Look at:

https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/european-small-claims-procedure/index_en.htm

https://www.citizensadvice.org.es/faq/is-there-a-small-claims-court-in-spain/

ChristineC

Posted: Sun Feb 17, 2019 10:13am

Posts: 317

45 helpful points

Location: Torrevieja

Joined: 12 Sep 2018

Posted: Sun Feb 17, 2019 10:13am

Do you have insurance or legal assistance policy of any type?  If so seek their advice they may deal with it on your behalf.

Hugo

Posted: Sun Feb 17, 2019 1:32pm

Posts: 28

18 helpful points

Location: La Zenia

Joined: 17 Mar 2018

Posted: Sun Feb 17, 2019 1:32pm

They should notify their insurance company about the incident and they should attend your damages.

Ask them to provide all their insurance details and where to send the claim (agent better than general company contact).

No need for lawyers, or court at the moment.

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