Resources » Wine Tourism Toolkit » Developing » Compliance and licensing » Occupiers' liability » Case examples

Case examples

By way of broad example, shere are four cases where an occupier was found to have failed to meet an appropriate standard.

  • A shopping centre customer slipped on oil spilt in the centre car park. The court decided that inspections should have been carried out every 20 minutes, and this had not been done.

  • A supermarket customer slipped on spilt vegetable oil in the supermarket aisle. The Court found that while all staff had been told of, and knew of the need to attend to spills immediately, there was no proper system of inspection.

  • A shopping mall patron slipped on a bark chip that had fallen from a garden box. It was held that the inspections and clean-ups should have been more frequent.

  • A cinema operator was found liable for a patron’s injuries when the patron did not know that the seats were of a type that automatically folded up when vacated. The patron stood up to attend to a small child, and sat back down on the seat frame. The court held that a warning about the seats should have been screened.

These cases show the particularly high standards to which occupiers can be held in certain circumstances, but more importantly demonstrate the importance of implementing and maintaining specific procedures to deal with any potential risks to your visitors.

 

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