Food Poisoning or Injuries in a Spanish Restaurant: How to Claim

🇪🇸 Read the original in Spanish

Enjoying a meal at a restaurant, an outdoor terrace, or a bar is one of the most common leisure activities in Spain, but this experience can be drastically cut short due to food poisoning or a physical accident on the premises. Whether it is due to bacteria like Salmonella caused by poor kitchen practices, or a fall caused by a wet and unmarked floor, consumers are not helpless under the law. As foreign citizens or expats living in Spain, it is essential to know your rights and how to proceed to demand compensation for the damages suffered—a process that requires a methodical approach, solid evidence, and knowledge of current regulations.

The Legal Framework: What does Spanish law say about damages in hospitality?

A restaurant's liability for food poisoning or a physical accident is based on a dual legal regime in Spain: contractual liability (derived from the service we pay for) and extra-contractual liability (the general duty not to cause harm to another).

1. The General Law for the Defence of Consumers and Users (RDL 1/2007)

This is the key regulation. Article 147 of the Real Decreto Legislativo 1/2007 (Royal Legislative Decree 1/2007) establishes a strict liability regime for service providers. Service providers (in this case, the restaurant) are liable for damages caused to consumers unless they prove that they have complied with the regulatory requirements and provisions, as well as other care and diligence required by the nature of the service.

Furthermore, Article 148 of the same law raises this requirement by establishing a strict liability regime (where the excuse of an act of God is practically inadmissible) for those services which, by their very nature or by regulatory determination, necessarily include the guarantee of safety levels. Catering and food delivery fall squarely within this high standard of protection.

2. The Civil Code: Extra-contractual and Contractual Liability

In a complementary manner, we find two avenues in the Spanish Código Civil (Civil Code):

• Contractual Liability (Article 1101): The restaurant breaches its obligation to deliver food in perfect condition for consumption or to offer a safe space to execute the catering contract.
• Extra-contractual Liability (Article 1902): "He who by action or omission causes damage to another, involving fault or negligence, is obliged to repair the damage caused." If the bathroom floor was slippery due to a lack of cleaning or a waiter spills boiling soup on a customer, this avenue is activated.

Most Common Types of Incidents in Restaurants

To know how to claim, we must first categorise the damage suffered, as the necessary evidence will vary significantly.

A. Food Poisoning

This is usually caused by the presence of bacteria (Salmonella, E. coli, Listeria), viruses, or toxins in poorly preserved, undercooked, or contaminated food due to a lack of hygiene by the staff. Symptoms (vomiting, diarrhoea, fever, dehydration) can appear from a few hours to several days after ingestion.

B. Physical Injuries and Accidents (Falls, Burns, Cuts)

This concerns the safety of the establishment. The owner of the restaurant has a "duty of safety". This encompasses:

• Wet floors without warning signs.
• Poorly lit stairs or stairs without handrails.
• Broken tableware or glassware causing cuts.
• Burns from food or drink served at extreme temperatures due to service negligence.

Step-by-Step Guide to Claiming for Poisoning or Physical Injury

If you find yourself in this situation, improvisation is your worst enemy. Rigorously follow these steps to guarantee the viability of your claim:

Step 1: Go Immediately to a Medical Centre

This is the most crucial step. Do not let days pass thinking "it will go away". You need an official medical report (from a hospital emergency room or your Seguridad Social (Social Security) health centre) stating:

• The exact date and time of the medical assistance.
• The symptoms presented (compatible with food poisoning or physical injuries from the accident).
• The medical diagnosis.
• In case of poisoning, demand a stool culture (coprocultivo) or blood test to identify the exact pathogen.

Step 2: Keep the Purchase Ticket or Invoice

The ticket is irrefutable proof of the contractual relationship: it proves you were there, what you consumed, on what day, and at what time. If you paid by credit or debit card, keep the bank statement as well. If you were in a group, the testimonies of your companions will be of great use.

Step 3: Request and Fill Out the Complaint Form

All hospitality establishments in Spain are required by law to have official hojas de reclamaciones (complaint forms) available to customers.

• Ask for it at the premises. If they refuse to provide it, you can call the Policía Local (Local Police) to write a report of the refusal (which will worsen the restaurant's situation before the Consumer Authorities).
• Fill in the establishment's details, state the facts clearly and objectively, and keep your copy (there are usually three self-copying sheets: for the establishment, for the Administration, and for you).

Step 4: Report to the Public Health Service (in Case of Poisoning)

If you suspect food poisoning, you must inform the health authorities of your Comunidad Autónoma (Autonomous Community) or Town Hall. Health inspectors will visit the premises to take food samples and analyse the hygienic conditions of the kitchen. If the inspection report comes back positive for bacteria, your claim is 100% won.

Step 5: Submit the Formal Claim for Compensation

With all the evidence in hand (medical report, ticket, copy of the complaint form, and the Health inspection report if available), a formal written claim must be submitted to the restaurant and its seguro de responsabilidad civil (third-party liability insurance company), which is mandatory for these businesses.

Deadlines, Amounts, and Key Figures You Must Know

The success of a claim also depends on not letting your rights expire and correctly calculating what you are owed.

• Deadline to claim for extra-contractual liability (falls, impacts): The deadline is 1 year according to Article 1968 of the Civil Code. This period begins to run from the moment you heal from your injuries or your sequelae stabilize (meaning, when the final extent of the damage is known).
• Deadline to claim for contractual liability (poisoning due to defective service): The general deadline in Spanish common law is 5 years (Article 1964 of the Civil Code). However, it is highly recommended to start the process immediately to avoid the loss of evidence.
• Calculation of compensation: In Spain, there is no specific scale for consumer claims, so courts and insurers use the Baremo de Accidentes de Tráfico (Traffic Accident Scale, updated annually) by analogy. This scale assigns an economic value to each day of healing:
• Very serious personal damage day (e.g., admission to the ICU): approximately €138.44 per day.
• Serious personal damage day (standard hospital admission): approximately €97.58 per day.
• Moderate damage day (medical leave from work or inability to carry out normal daily life): approximately €67.13 per day.
• Basic damage day (recovery days with discomfort but carrying out normal life): approximately €38.36 per day.
• Sequelae and moral damage: These are valued using a point system based on the age of the affected person and the severity of the permanent sequela.

Practical Examples of Claims with Real Figures

To understand how these legal concepts translate into reality, we will analyse two common practical scenarios.

Example 1: Salmonellosis Poisoning in a Madrid Restaurant

• The Case: Carlos has dinner with his partner at a restaurant. They consume an undercooked Spanish omelette (tortilla de patatas). After 24 hours, Carlos starts experiencing a high fever, vomiting, and dehydration. He goes to the emergency room, where he is admitted for 2 days due to the severity of the dehydration caused by Salmonella (confirmed by analysis). Subsequently, he spends 5 days on medical leave at home unable to work (moderate damage) and another 3 days with mild discomfort until his full recovery (basic damage). He keeps the dinner ticket of €68 and the pharmacy receipts for medicines worth €22.
• Calculation of Compensation:
• 2 days of hospital admission (serious): 2 x €97.58 = €195.16
• 5 days of medical leave (moderate): 5 x €67.13 = €335.65
• 3 days of recovery (basic): 3 x €38.36 = €115.08
• Medical expenses (pharmacy) and restaurant ticket (daño emergente / consequential damages): €22 + €68 = €90.00
• Total claimed from the restaurant's insurance: €735.89

Example 2: Fall Due to an Unmarked Wet Floor in a Barcelona Venue

• The Case: Sophie, a foreign resident, goes to the toilet of a café. The floor has just been mopped, there is no warning sign, and the area is poorly lit. She slips and suffers a fractured wrist. She is treated in the emergency room, requires a splint, and spends 45 days on medical leave (moderate damage). After rehabilitation, she is left with a minor permanent sequela of loss of mobility in her wrist valued at 1 sequela point (equivalent to about €1,100 based on her age of 35). In addition, she had to pay €120 in taxis to attend rehabilitation sessions as she was unable to drive.
• Calculation of Compensation:
• 45 days of moderate damage (medical leave): 45 x €67.13 = €3,020.85
• Sequela of 1 mobility point: €1,100.00
• Justified transport expenses (taxis): €120.00
• Total claimed from the restaurant's insurance: €4,240.85

Mistakes to Avoid When Claiming

Making any of these mistakes can ruin your claim, no matter how obvious you think the restaurant's fault was:

• Not going to the doctor immediately: If you wait three or four days to go to the hospital, the restaurant's insurer will argue a break in the causal link. They will claim that the poisoning or injury could have been caused by any food you consumed at home afterwards or by a fall in the street.
• Throwing away the purchase ticket or deleting the bank charge: Without proof that you consumed at that specific establishment, legally there is no link that allows you to demand contractual liability.
• Not reporting to Consumer or Health Authorities: Relying solely on the word of the venue owner who promises to "take care of everything" without leaving an administrative record usually ends in broken promises once the days pass and the situation cools down.
• Accepting the insurer's first offer without advice: Insurance companies often quickly offer low-ball compensation settlements to close the file. Never sign a liability release (finiquito) without a legal expert verifying if the amount truly corresponds to the days of damage and sequelae you are owed.

Frequently Asked Questions (FAQ)

What happens if I do not have the physical ticket but paid by card?

Payment by credit or debit card is perfectly valid as proof of purchase before Spanish courts. The bank statement showing the name of the establishment, the date, the approximate time, and the exact amount serves to prove that you consumed at the venue. If you were also accompanied, witness statements will reinforce this proof.

Can I claim if the poisoning was from home delivery (delivery)?

Yes, of course. The General Law for the Defence of Consumers and Users protects distance purchases in the same way. In this case, the link is even easier to prove, as you will have the order confirmation email, the breakdown from the delivery platform (such as Glovo, Just Eat, or Uber Eats), and the charge on your card. The party directly responsible for food safety remains the restaurant that prepared the food.

Can the restaurant evade liability by saying the ingredients were bad from their supplier?

No. To the final consumer, the restaurant is directly liable for the service and products it serves at its tables (strict liability under Article 148 of RDL 1/2007). If the source of the problem was a batch of bad eggs or meat supplied by an external provider, the restaurant must compensate you first, and subsequently, the restaurant can claim internally (repetir) against its supplier.

I am a foreigner and do not have a Spanish health card, can I claim medical expenses?

Yes. If you are a tourist or a foreign resident and had to go to private healthcare or were billed for assistance in the Spanish public healthcare system, you have the right to include 100% of the cost of medical bills, laboratory tests, and medicines within the claim for damages (consequential damages) against the restaurant's insurance.

In Summary

• Spanish law protects the consumer through the strict liability of the restaurant regarding the safety of its facilities and food.
• An immediate medical report and the purchase ticket are the two golden and indispensable pieces of evidence to start any claim successfully.
• The deadlines to claim range from 1 year for physical accidents to 5 years for contractual breaches (poisoning).
• Compensation is calculated objectively based on the Traffic Scale, financially compensating each day of healing, medical leave, sequelae, and derived expenses.
• Never accept an amicable agreement with the venue's insurance without a legal expert reviewing whether the amount truly covers all your rights and damages.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.