Store liability for customer injuries due to poor maintenance will result in money compensation. Most store owners therefore best have a system in place to keep customers safe. Following the system is key, however, regardless of the adequacy of the system.
An occupier of a store owes a duty to take reasonable care that a person on its premises will be safe.
The duty of care applies to the condition of the premises, activities on the premises, and conduct of third parties. Store liability for slip and fall will therefore include most activities within the store.
The Sweep Log
The sweep log procedure can be maintained in binder or digitally by a manager or supervisor. Train employees with respect to the procedure. Keep evidence of the extent of time devoted to inspection.
A plea of common law negligence exposes store owners to liability. Failure to put a system in place to monitor aisle floors for spillage and dangers may therefore be negligent.
Following the System
The sweep log procedure and the maintenance of sweep logs for various departments, is in principle, a reasonable system of inspection and maintenance. It is not enough, however, to say there was a safety plan in existence. Follow the plan and keep evidence.
Avoid store liability for slip and fall by putting a system in place to ensure hazards are minimized. Keep evidence to show it is reasonable to infer the system was being followed. The standard required is not one of perfection. A store owner is not general insurer.
Tags: Sweep Log